THE 


EW   CHARTER 


BALTIMORE  CITY 


REVISED  EDITION 


1900 


UNIVERSITY  OF  CALIFORNIA 
AT    LOS  ANGELES 


Z'^v^^^'^^^^  "^  -      - .  ^ 


i 

THE 


New  Charter 


OF 


BALTIMORE     CITY 


REVISED  EDITION 


Containing  Amendments  and  New  Laws  Passed  by  Maryland  Legislature  oi' 
1900,  together  with  a  new  Index  prepared  by  Conway  W.  Sams,  Esq., 

of  the  Baltimore  Bar. 


%^^     b?*     ^* 


baltimore : 
Press  of  King  Bros. 
1903. 


Baltimore,  Md.,  May  5th,  1900. 

This  revised  edition  of  the  New  Charter  contains  all  the 
local  laws  passed  by  the  General  AssemV)ly  at  its  Session  oi 
1900.  These  laws  I  obtained,  and  pn^pared  from  tliem  the 
copy  which  the  printer  used.  Those  laws  which  modified 
sections  of  the  New  Charter,  are  inserted  in  the  proper  place 
in  lien  of  the  old  sections ;  those  laws  which  did  not  change 
the  old  sections,  but  were  new  enactments,  are  printed  in  their 
entirety  at  the  end  of  the  book. 

The  only  modifications  of  the  original  charter  by  these  laws 
were  to  correct  certain  minor  matters  in  certain  details,  which 
I  drafted  myself,  and  believed  would  be  an  improvemeiit  in 
the  existing  law. 

The  original  charter  was  not  altered  in  any  respect,  except 
as  given  in  these  laws,  and  these  changes  were  accepted  by 
the  friends  of  the  original  charter. 


^t5^ 


THOMAS  Ct.  HAYES, 

Mayor. 


TS 


1 

J 


>r\ 


\      ... 


REPORT  OF  COMMISSION. 


J  Baltimore,  January  27,  1898. 

To  the  Honorable  General  Assembly  of  Maryland : 

The   Commission   appointed   pursuant   to  the  ordinance  of 

the  Mayor  and   City  Council  of  Baltimore,  approved   Novem- 

)  ber  24,  1897,  to  draft  a  new  Charter  for  the  City  of  Baltimore, 

^  herewith,  as  directed  by  said  ordinance,  respectfully   submit 

■>  the  result  of  their  labors. 

After  mature  deliberation  the   Commission  decided   at   the 
■^  beginning  of  their  work  of  preparing  a  new  organic  Act  for  the 

'-?  City  of  Baltimore,  to  be  governed  by  certain  well-defined  and 

recognized  principles  relating  to  municipal  government,  Avhich 
had  been  found  in  other  cities  to  be  beneficial  and  which  it 
was  thought  were  fundamental  and  necessarj-,  if  there  were  to 
be  an  improvement  on  the  present  law  relating  to  the  City  of 
Baltimore.     Some  of  these  controlling  principles  were  : 

1.  To  locate  resj)onsibility  upon  public  oflicials  in  such  a 
manner  that  it  could  not  be  evaded. 

2.  To  give  representation  to  the  minority  party  in  all  depart- 
ments, when  composed  of  more  than   one   person,  so  that  an 

«-  opportunity  might  be  given  to  the  minority  to  scrutinize  the 

actions  of  the  party  in  power. 

3.  To  hold  municipal  elections  at  a  difteront  time  from  the 
State  and  Federal  elections,  in  order  to  separate  municipal 
affairs  fi-om  the  influence  of  the  political  issues  which  are 
necessarily  involved  in  State  and  Federal  elections. 

4.  To  require  the  appointment  of  experts  in  all  departments 
where  professional  knowledge  and  skill  are  required. 

5.  To  grant  the  use  of  the  streets  and  other  public  property 
for  limited  terms,  and  to  the  highest  bidder,  subject  to  the 
control  and  regulation  of  the  City  during  the  period  of  the 
grant.  1-5^010  2 

WAY  18  190i 


11 


6.  To  check  hasty  legislation,  especially  in  matters  relating 
to  expenditure  of  the  public  moneys,  and  to  prohibit  the 
creation  of  floating  debts. 

7.  To  remove  the  public  school  system  from  all  possible 
political  influence. 

8.  To  place  the  indigent  sick  and  poor,  when  their  treatment, 
care  or  support  is  paid  for  by  the  City,  under  the  supervision 
of  City  officials. 

The  most  advanced  and  improved  foims  of  municipal  gov- 
ernment, as  far  as   the   Commission  have  been  able  to  ascer- 
tain, have  had  incorporated  in  them  the  placing  of  the  power 
of  appointment  in  one  person.    It  might  well  be  urged  that  this 
is  conferring  too  much  power  upon  one  man,  that  the  appoint- 
ing power  in  City  government  should  he  distributed  ;  but  expe- 
rience has  shown  that  by  centralizing  the  ap2)ointing  power 
the  responsibility  for  official  conduct  can  at  once  be  definitely 
fixed.     The  Charter  submitted  places  the  power  of  appointing 
the  heads  of  all  departments  and  their  respective  sub-depart- 
ments in  the  chief  executive  of  the   Cit}',  the   Mayor,  Avhere  it 
jjroperly  belongs.     The  Commission  have  not  taken  the  extreme 
position  of  making  the  Mayor  absolute  in  regard  to  this  power 
of  appointment.     His  appointments  must  be  confirmed  by  the 
Second  Branch  of  the  City  Council.     The  power  of  appointing 
all  subordinates   and  employees   in    the  several   departments 
and  sub-departments  is  in  each  case  lodged  in  the  head  of  the 
department.     The  Commission  have  to  this  extent  endeavored 
to  carry  out  the  single-executive-head  system,  which  has  been 
tried  in  other  cities  with  good  results.     It  is  hojoed  with  this 
system,  as  now  recommended,  the  Mayor  will  be  more  careful 
in  appointing  heads  of  departments  or  sub-departments,  and 
the  various  heads  so  appointed  will  also  be  more  careful  in 
selecting  competent  subordinates. 

The  principle  of  representation  from  the  minority  party  in 
all  departments,  boards  or  commissions,  Avliere  composed  of 
more  than  one  person,  is  carried  out  in  the  proposed  Charter. 
This  will  not  prevent  the  successful  party  at  the  municipal 


Hi 

in 


election  from  adopting  and  carrying  out  any  policy  or  reforms 
which,  in  its  judgment,  might  be  right  and  proper,  and  will  in 
no  way  interfere  with  the  administration  of  public  affairs  by 
the  successful  party ;  but  it  will  afford  to  the  minority  at  all 
times  a  right  of  representation  in  the  City  government,  and 
will  give  it  an  opportunity  of  scrutinizing  the  actions  of  the 
party  in  power. 

The  feature  of  the  spring  elections  is  designed  for  the 
distinct  purpose  of  separating  the  municipal  elections  from 
those  of  the  State  and  Nation.  It  must  be  conceded  that  in 
order  to  make  a  good  Mayor  of  a  large  and  prosperous  business 
centre  like  Baltimore  there  is  no  inherent  necessity  for  his 
belief  in  one  rather  than  another  of  the  principles  which  sepa- 
rate the  leading  political  parties.  These  State  and  National 
questions  are  invariably  discussed  and  made  issues  at  all  the 
November  elections,  and  it  is  difficult  to  remove  from  the 
influence  of  these  discussions  municipal  affairs  when  the 
elections  are  held  at  the  same  time.  The  spring  elections,  it 
is  hoped,  will  enable  the  citizens  of  Baltimore  to  eliminate 
everything  from  their  municipal  campaigns  except  that  which 
pertains  to  the  best  business  administration  of  the  Cit}',  and 
will  jjresent  to  the  voters  an  opportunit}'  of  electing  such  of 
the  municipal  candidates  as  are  most  likely  to  ensure  good 
municipal  government. 

The  provisions  of  the  Charter  placing  experts  at  the  head  of 
the  various  departments  and  sub-departments  where  profes- 
sional knowledge  is  required,  are  expected  to  secure  to  the  City 
the  best  service  of  men  of  competent  knowledge  and  experience 
in  the  departments  placed  under  their  charge.  The  Commis- 
sion have  adopted  the  following  general  provision  wherever 
expert  knowledge  is  required :  "  He  must  have  had  at  least 
five  years'  experience  in  the  active  practice  of  his  profession 
and  have  had  responsible  charge  of  work  for  at  least  that 
length  of  time."  Experts  are  required  in  the  following  offices : 
City  Engineer,  Water  Engineer,  Harbor  Engineer,  Inspector  of 
Buildings,  and  Commissioner  of  Healtli.  It  was  deemed 
advisable  for  the  best  interests  of  the  City  to  put  the  entire 


IV 


subject  of  public  improvements  under  the  direct  control  and 
supervision  of  a  board  of  experts,  styled  the  Board  of  Public 
Improvements.  On  this  Board  the  Charter  submitted,  places 
three  civil  engineers  and  an  architect,  and  all  matters  are 
referred  to  them  when  involving  questions  of  new  public  build- 
ings, additional  harbor  facilities,  a  sewerage  system,  extension 
or  improvement  of  streets,  the  erection  of  bridges  and  other 
similar  work. 

The  proposed  Charter  requires  that  the  grant  of  franchises 
or  rights  in,  over  or  under  the  streets  or  in  other  public  pro- 
perty shall  be  made  for  only  limited  periods  (twenty-five  years), 
and  also  provides  that  in  all  ordinances  granting  such  franchises 
or  rights  provision  can  be  made  for  the  reverting  to  the  City 
at  the  expiration  of  the  grant,  of  the  plant  and  its  appurte- 
nances, and  gives  power  to  the  City  to  operate  and  control  the 
same,  if  it  should  prove  desirable.  All  franchises  or  rights  in 
the  highways  of  the  City  are  to  be  sold  under  the  supervision 
of  the  Board  of  Estimates.  Under  no  circumstances  can  the 
City  divest  itself  of  the  right  or  power  to  regulate  the  exercise 
of  the  franchise  or  right  granted. 

The  Commissioners  have  also  endeavored  to  protect  the  public 
interests  in  relation  to  the  finances  of  the  City  by  the  provision 
of  the  proposed  Charter  in  regard  to  the  Board  of  Estimates. 
This  Board  is  Composed  of  the  highest  ofiicials  of  the  City 
government,  that  is  to  say,  the  Mayor,  who  is  the  chief  execu- 
tive ofiicer  of  the  City  and  elected  by  the  people ;  the  City 
Solicitor,  who  is  appointed  by  the  Mayor  and  is  the  head  of 
the  Law  Department,  and  who  will  always  be  a  prominent 
member  of  the  bar;  the  Comptroller,  who  is  also  elected  by 
the  people  and  responsible  to  them,  and  who  is  the  head  of 
the  Finance  Department ;  the  President  of  the  Second  Branch 
of  the  City  Council,  a  representative  member  from  the  legisla- 
tive branch  of  the  City  government,  and,  finally,  the  President 
of  the  Board  of  Public  Improvements,  who  is  the  City  Engi- 
neer, and  will  be  an  expert  in  engineering.  It  is  believed  that 
by  this  strong  combination  of  leading  City  officials,  represent- 
ing every  branch  of  the  municipal  government,  the  financial 


interests  of  the  City  will  be  carefully  guarded  and  that  the 
welfare  of  the  citizens  will  always  be  the  controlling  motive  in 
the  deliberations  and  actions  of  the  Board.     The  duties   of 
this  Board  are  comprehensive  in  their  nature  and  include  the 
general  control  of  the  financial  policy  of  the  City.     In  the 
preparation  of  the  lists  of  "Departmental  Estimates,"     "Esti- 
mates for  New   Improvements"   and   "Estimates  for  Annual 
Appropriations,"  called  for  by  the  proposed  Charter,  the  entire 
appropriations  of  public  funds  are  embraced.     It  may,  there- 
fore, be  expected  that  the  composition  of  this  Board  of  the 
highest    municipal    officers    and    representatives   of    the   City 
government   will   furnish   a   guarantee   in    the    future    against 
extravagance  and  the  reckless  expenditure  of  public  njoneys. 
The  provisions  of  the  Charter  submitted  relating  to  the  Board 
of  Estimates  are  sufficiently  comprehensive  to  furnish  to  the 
municipality  opportunities  for  a  safe  and  conservative  financial 
policy  and  to  prevent  the  public  de1)t  from  advancing  beyond 
a  safe  percentum  of  the  taxable  basis.      Ample  provisions  are 
made  for  conducting  the  City  government,  and  no  floating  debt 
can  be   created.     The  Board  of  Estimates,  in   the  ordinance 
they  annually  submit,  providing  for  the  expenditures  by  the 
City  for  the  ensuing  year,  take  into  consideration  all  the  dis- 
bursements, and   if  the   income  is  insufficient  to   meet  these 
expenditures  there  must  be  a  2^^'0  rcda  reduction  in  all  depart- 
ments.    If  there  is  a   surplus   it  must  be  paid   over  to  the 
Finance  Commissioners  to  be  credited  to  the  general  sinking 
fund.     By  this   provision  it  is  hoped  that  the  sinking  fund 
will   be   greatly   benefited.      When   any   ordinance   for  public 
improvements  exceeding  in  cost  the  sum  of  $2,000  has  passed 
its  first  reading  in  either  Branch  of  the  City  Council  it  shall  be 
referred  to  the  Board  of  Public  Improvements  for  their  opinion 
as  to  whether  or  not  the  wants  of  the  City  require  the  improve- 
ment mentioned   in  the  ordinance  submitted,  and  when  this 
Board  give  their  report  on  this  ordinance  it  is  then  referred  to 
the  Board  of  Estimates  for  their  opinion  as  to  whether  or  not 
there  is  or  will  be  sufficient  money  in  hand  to  pay  for  the  con- 
templated improvement.     Until  both  of  these  Boards  report 


VI 


upon  the  ordinance  it  cannot  become  valid.  It  will  be  readily 
seen  that  in  this  manner  hasty  legislation  will  be  checked,  and 
it  is  probable  that  only  such  ordinances  for  puplic  improve- 
ments will  be  passed  for  which  there  is  sufficient  cash  on 
hand  to  pay  and  which  the  requirements  of  the  City  demand. 
By  these  provisions  it  is  believed  a  step  will  be  taken  in 
the  direction  of  a  regular  and  systematic  reduction  of  the 
enormous  debt  which  now  hangs  over  the  City  of  Baltimore 
and  a  check  placed  upon  the  expenditure  of  its  mone}^  so  as 
to  keep  the  expenses  and  appropriations  ©f  the  City  govern- 
ment entirely  within  its  means. 

The  provisions  of  the  proposed  Charter  relating  to  the  public 
school  system  have  been  framed  after  careful  consideration  and 
research  respecting  the  systems  in  force  in  various  cities  of 
importance.  It  provides  for  the  appointment  of  the  School 
Commissioners,  nine  in  number,  by  the  Mayor,  subject  to  con- 
firmation by  the  Second  Branch,  for  a  term  of  six  years  each, 
three  of  them  to  retire  at  the  end  of  every  two  years.  It  is 
submitted  that  a  long  term,  together  with  the  other  provisions 
which  have  been  inserted,  will  cause  the  affairs  of  the  schools 
of  Baltimore  to  be  administered  by  competent  men,  indepen- 
dent of  partisan  and  ecclesiastical  ties.  The  endeavor  has  been 
made  to  secure  three  things  :  First,  oversight  of  the  schools 
by  a  Board  of  Commissioners  so  selected  as  to  ensure  con- 
servative administration  and  full  responsibility  ;  second,  atten- 
tion to  the  details  of  school  management  by  a  body  of  qualified 
Superintendents,  and,  third,  the  maintenance  of  popular  interest 
in  the  public  schools  by  means  of  a  large  number  of  local 
school  visitors,  one  or  more  of  them  from  the  immediate 
neighborhood  of  each  school-house. 

The  Charter  submitted  gives  to  the  City  a  supervision  over 
all  persons  who  come  under  the  class  of  indigent  sick  and  poor. 
All  money  appropriated  by  the  City  for  the  care  of  its  poor  shall 
be  by  contract  with  the  various  institutions  which  care  and 
provide  for  the  poor  of  Baltimore.  No  money  is  to  be  appro- 
priated except  under  contract,  and  the  Supervisors  of  City 
Charities  are  to  have  supervision  over  all  persons  who  are 
subjects  of  municipal  aid. 


Vll 


The  Legislative  Department  remains  substantially  as  at 
present,  except  that  the  Second  Branch  is  smaller,  and  that 
one-half  are  always  old  and  experienced  members.  The  legis- 
lative functions  of  the  City  Council  are  in  no  wise  impaired. 
Not  one  cent  of  the  public  money  can  be  spent  until  the  City 
Council,  by  ordinance,  makes  an  appropriation. 

The  Commission  have  had  before  them  the  great  need  of 
increased  revenue  to  meet  the  constantly  growing  w^ants  of  the 
City.  To  this  question  the  members  of  the  Commission  have 
given  their  most  serious  thought.  Taxes  today  are  burden- 
some on  the  owners  of  land  and  houses,  and  to  meet  the  wants 
of  the  City  this  burden  must  be  largely  increased  unless  the 
revenue  of  the  City  can  be  increased  from  other  sources.  The 
Commission  have  proposed  to  so  modify  the  law  as  to  give  to 
the  City  all  the  fees  collected  by  it  from  liquor  licenses.  A 
Supplementary  Act  accompanies  the  Charter,  providing  that 
the  counties  shall  retain  the  fees  collected  by  them  from  the 
same  source.  The  Commission  feel  that  they  would  not  be 
performing  their  full  duty  if  they  did  not  urge  upon  the  Legis- 
lature the  necessity  for  this  change  and  the  adoption  of  the 
provisions  as  to  these  fees  contained  in  the  proposed  Charter. 

Another  Supplementary  Act  provides  for  certain  limitations 
on  the  power  of  the  City  as  to  contracting  debts.  This  pro- 
vision is  a  proper  one  and  should  be  adopted. 

The  Commission  believe  that  the  Charter  herewith  sub- 
mitted will,  if  adopted,  remedy  many  of  the  faults  of  the  old 
law,  and  provide  such  a  law  as  will  materially  contribute  to  the 
future  development  and  prosperity  of  the  great  metropolis  of 

Maryland. 

AYILLIAM    PLNKNEY  WHYTE,  Chairman. 

FEKDINAND  C.  LATKOBE, 

DANIEL  C.  GLLMAN, 

SAMUEL  D.  SCHMUCKER, 

GEORGE  R.  GAITHER,  Jr., 

THOMAS  IRELAND  ELLIOTT, 

THOMAS  G.  HAYES, 

LEWIS  PUTZEL,      ^r     ru     4     n 

JS'eio  Charter  Commission. 

Eredeeick  T.  Dorton,  Secretary. 


ill 

Vlll 

Baltimore,  Febmai-y  2B,  189S. 

We  have  examined  the  annexed  Charter,  adopted  by  the 
Commission  on  the  27th  of  January,  1898,  and  give  it  our  full 
and  hearty  approval. 

EGBERT  C.  DAVIDSON, 
NICHOLAS  P.  BOND. 


CONTENTS. 

I.  CHAKTER. 

sections 

1.  Mayor  and  City  Council  of  Baltimore 1-15 

(a)  Corporate  Name,  Power  to  Hold  Property,  Aunex. . . .  1-5 

(b)  General  Powers 6 

(c)  Franchises 7-13 

{(I)     Contracts  with  the  City 14-15 

2.  Mayor 16-30 

3.  Executive  Department 81 

(<()     Department  of  Finance 32 

1.  Comptroller 33-34 

2.  City  Register 35 

3.  Board  of  Estimates 36-40 

4.  Commissioners  of  Finance 41 

5.  City  Collector 42-58 

6     Collector  of  Water  Rents  and  Licenses 59 

(b)  Department  of  Law 60 

City  Solicitor 61-67 

(c)  Department  of  Public  Safety 68 

1.  Board  of  Fire  Commissioners 69-70 

2.  Commissioner  of  Health 71-78 

3.  Inspector  of  Buildings 79-82 

4.  Commissioner  of  Street  Cleaning 83 

{(l)    Department  of  Public  Improvements 84-85 

1.  City  Engineer 86 

2.  Water  Board 87 

3.  Harbor  Board 88 

4.  Inspector  of  Buildings 89 

(e)    Department  of  Public  Parks  and  Squares 90 

Board  of  Park  Commissioners 90-98 

(/)     Department  of  Education 99 

Board  of  School  Commissioners 99-102 

{g)    Department  of  Charities  and  Corrections 103 

1.  Supervisors  of  City  Charities 104-117 

2.  Visitors  to  the  Jail 118-144 

(/<)    Department  of  Review  and  Assessments 145 

1.  Appeal  Tax  Court 146-171 

2.  Commissioners  for  Opening  Streets 172-195 


s 


(i)     Division  Embiaciug  Municipal  Officers  Not  Included 

in  Any  Department 196 

1.  City  Librarian 196-200 

2.  Art  Commission 201-203 

3.  Superintendent  of  Lamps  and  Lighting 204 

4.  Surveyor 205 

5.  Constables 206 

6.  Superintendent  of  Public  Buildings 207 

7.  Public  Printer 208 

4.     Legislattvr    Department 209-222 

II.  MISCELLANEOUS  LOCAL  LAWS. 

1.  Arbitration— Court  of 223-225 

2.  Arbitration     Committee    of    the     Corn    and    Flour 

Exchange 226-228 

3.  Assault  and  Battery 239-231 

4.  Auctions 232-278 

5.  Bills  of  Exchange  and  Promissory  Notks 279 

6.  Buildings 280 

7.  Carriages  and  Horses 281-293 

8.  Coroners,  Inquests  and  Dead  Bodies 294-299 

9.  Courts 300 

(a)  Superior  Court,  Court   of  Common    Pleas,  and  Balti- 

more City  Court 300-322 

(b)  Circuit  Court  of  Baltimore  City 323-324 

(c)  Circuit  Court  No.  2  of  Baltimore  City 325-327 

(d)  Criminal  Court  of  Baltimore 328-351 

(e)  Orphans'  Court 352-353 

(/)  Register  of  Will 354-366 

{(/)  Clerks  of  Law  Courts  of  Baltimore  City 857-866 

(h)  Clerk  of  the  Criminal  Court  of  Baltimore 367-368 

(/)  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and  of 

the  Circuit  Court  No.  2  of  Baltimore  City 369 

(j)     Salaries  of  Clerks  of  Courts 370-371 

(k)    Criers,  Bailiffs,  Watchmen  and  Stenographers 372-382 

{I)     Sheriff 383-386 

(m)   Witnesses,  Docket  Entries  and  Records c87-388 

{n)     Costs ■ 389 

10.  Cruelty  to  Animals 390-394 

11.  Deaf,  Dumb  and  Blind 395-400 

12.  Destroying  Property  Maliciously 401 

13.  Elections — Primary 402-425 

14.  Examining  Engineers 426-430 


XI 


sections 

15.  Ferries 431-437 

16.  Fines  and  Forfeitures 438-444 

17.  Fire 445 

{(i)     Fire  Department 445-448 

{h)      Oil  aud  lllumiuatiug  Fluids 449-456 

18.  Fish 457 

19.  Gas  Companies 458-462 

20.  Harbor,  Docks  and  Wharves 463 

(a)  Harbor 463-466 

{b)  Docks 467-471 

((!)  Whartinger  and  Wharves 472-479 

{(l)  Harbor  Board 480-485 

21.  Health 486 

{(I)     Nuisances 486-492 

(/>)     Chemical  Laboratories 493 

(c)  Commissioners  of  Pharmacy  and  Practical  Chemistry.  494-504 

(d)  Seats  for  Female  Employes  in  stores  or  Factories.  .  .  .   505-506 

((')      Tenement  aud  Lodging  Houses 507-508 

(/)  State  Board  of  Commissioners  of  Practical  Plumbing.  509-515 

22.  Hours  of  Labor 516 

26.     Houses  of  Refuge  and   Reformation 517-518 

24.  LMMldKANTS   519-531 

25.  Inspections,  Weights  and  Measures 532 

(a)  Barrels 532-534 

(l>)  Coal 535-540 

(r)  Gas  Meters 541-543 

((/)  Gangers  of  Casks  aud  Liquors 544-551 

{e)  Hay  and  Straw 552-570 

(/)  Manure 571 

( //)  Steam  Boilers 572-589 

(k)  Wood  Carts 590-599 

26.  Jones's  Falls 600-601 

27.  Jurors 602-620 

((()    Pay  of  Jurors 621 

(/j)     Volunteer  Militia  E.xempt  from  Jury  Duty 622 

28.  Justices  of  the  Peace  and  Constables 623-649 

29.  Landlord  an»  Tenant 650-656 

30.  Legislative   Districts 657 

31.  Licenses 658 

{a)    Billiards 658-660 

{b)     Horse  Dealers 661-663 

((•)     Liquors  and  Intoxicating  Drinks 664-691 

{d)    Pawnbrokers 692-693 


xn 


SECTIONS 

(e)     Merchandise  Brokers 694 

(/)    Real  Estate  Brokers 695-700 

(g)     Duties  of  Sheriff 701-703 

33.  Mariners  and  Charitable   Marine   Society   of   Balti- 
more    708 

33.  Markets 704-719 

34.  Mortgages 720-733 

35.  Notaries  Public 733-734 

36.  Oysters 735 

37.  Parks  and  Squares 736-739 

38.  Police  Commissioners 740 

(a)  Organization  of  Force 740-764 

(b)  Matrons  at  Station  Houses 765-768 

(c)  Militia 769 

id)  Patrol  Wagons 770 

(e)     Physicians  to  the  Police  Force 771-773 

(/)    Races 774 

(g)    Registration  of  Voters 775 

{h)    Special  Fund 776-780 

(t)      Long  Bridge 781 

(j)    Telegraph  to  House  of  Correction 783 

(k)    Thieves  and  Pickpockets 783-784 

(l)      Personating  Policemen 785 

{m)    New  Station  Houses 786-788 

39.  Pratt  Free   Library 789-790 

40.  Ra  I  LRO  ADS 791 

(i()  Safety  Gates 791-792 

(/;)  Hours  of  Labor 793-795 

(c)  Street  Railway  Fares 796 

{d)  Park  Tax 797-800 

(e)  Prohibiting  Tracks  on  Certain  Streets 801 

41.  Records 802-805 

42.  Sabbath 806-807 

43.  Schools 808 

(a)  Intestates'  Estates  808-813 

(b)  Johns  Hopkins  University 814-815 

(c)  McDonogh  Educational  Fund  and  Institute 816 

44.  Sewers 817-824 

45.  Sheriff's  Fees 825 

46.  Stocks,  Loans  and  Finance 826 

47.  Streets,  Bridges  and  Highways 837 

{a)    Opening  Streets 827-837 

(b)  North  Avenue 838 

(c)  Bridges  and  Highways 839-841 


•  «  • 

XIU 


48.  Surveyor 842 

49.  Taxes 843 

50.  Tenants  for  Years  or  Less,  or  at  Will 844-864 

51.  Vagrants,    Paupers,    Beggars,    Vagabonds    and     Dis- 

orderly Persons 865-880 

53.    Vagrant  Children 881-884 

(a)  Boys'  Home 885-887 

(b)  Dolan  Children's  Aid  Society 888 

(c)  Hebrew  Orphan  Asylum 889 

(d)  Home  of  the  Friendless 890-894 

(e)  Protestant  Infant  Asylum 895 

(/)  St.  Vincent's  Orphan  Asylum 896-897 

(g)  Henry  Watson  Children's  Aid  Society 898-899 

53.  Waitresses  in  Places  of  Public  Amusement 900-901 

54.  Water 902 

(a)     Lake  Roland,  Reservoirs  and  Dams 902-906 


CHAPTER    123. 


AN  ACT  TO   KEPEAL  Article   4,  Entitled    "City  of  Balti- 
more, "  OF  the  Code  of  Public  Local  Laws  of  Marylakd, 

AND  THE  SE^^ERAL  AcTS  AND  PARTS  OF  ACTS  AMENDATORY 
THEREOF,  AND  TO  RE-ENACT  SAID  ARTICLE  4,  WITH  AMEND- 
MENTS, UNDER  TWO   SUB-TITLES,  TO  BE  KNOWN  AS   "  CHARTER " 

AND  "Miscellaneous  Local  Laws." 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland, 
That  Ai'ticle  4,  entitled  "  Citv  of  Baltimore, "  of  the  Code  of 
Public  Local  Laws  of  Maryland,  and  the  several  Acts  and 
parts  of  Acts  amendatory  thereof,  be  and  the  same  are  hereby 
repealed,  and  the  said  Article  4  is  hereby  re-enacted,  with 
amendments,  under  two  sub-titles  to  be  known  as  "Charter" 
and  "Miscellaneous  Local  Laws,  "  so  as  to  read  as  follows  : 

ARTICLE  IV. 
CITY  OF  BALTIMOKE. 

CHARTER. 

MAYOR  AND  CITY  COUNCIL  OF  BALTIMORE. 

Corporate  Name,  Power  to  Hold  Property,  Annex. 

1.  The  inhabitants  of  the  City  of  Baltimore  are  a  corpora- 
tion, by  the  name  of  the  "Mayor  and  City  Council  of  Balti- 
more, "  and  by  that  name  shall  have  perpetual  succession,  may 
sue  and  be  sued,  may  purchase  and  hold  real,  personal  and 
mixed  property,  and  dispose  of  the  same  for  the  benefit  of 
said  City,  as  herein  provided,  and  may  have  and  use  a  common 
seal,  which  may  be  altered  at  pleasure. 

2.  All  the  property  and  franchises  of  every  kind  belonginj:^ 
to  or  in  possession  of  the  Mayor  and  City  Council  of  Balti- 
more are  vested  in  said  corporation.  The  said  corporation 
may  receive  in  trust,  and  may  control  for  the  purposes  of 
such  trust,  all  moneys  and  assets  which  may  have  been  or  shall 
be  bestowed  upon  it  by  will,  deed  or  any  other  form  of  gift  or 
conveyance  in  trust  for  any  general  corporate  purpose,  or  in 


2 

aid  of  the  indigent  poor,  or  for  the  general  purposes  of  educa- 
tion, or  for  charitable  purposes  of  any  description  within  the 
said  City.  And  the  said  corporation  may  dispose  of,  in  the 
manner  and  upon  the  terms  in  this  Article  provided,  any 
property  belonging  to  it. 

3.  All  the  provisions  of  the  Constitution  of  the  State  and  of 
this  Article  shall  be  applicable  to  the  portions  of  Baltimore 
County,  which,  under  the  terms  and  provisions  of  the  Act  of 
1888,  Chapter  98,  have  been  annexed  to  the  City  of  Baltimore, 
All  streets,  avenues,  or  alleys  lying  in  any  portion  of  Balti- 
more County,  which,  under  the  provisions  of  said  Act  of  1888, 
Chapter  98,  became  a  part  of  Baltimore  City,  and  which 
shall  have  been  legally  condemned  as  streets  under  the  pro- 
visions of  the  Acts  of  Assembly  of  Maryland  relating  to  stlteets 
in  Baltimore  County,  shall  be  held  to  be  validly  constituted 
streets  of  Baltimore  City  in  all  respects  as  if  the  same  had  been 
legally  condemned  as  such  by  the  Mayor  and  Cit}^  Council  of 
Baltimore ;  and  all  proceedings  for  the  laying  off,  openingj 
grading  and  construction  of  streets,  avenues  or  alleys,  which- 
shall  have  been  begun  under  Article  3,  of  the  Public  Local 
Laws,  title  "Baltimore  County,"  sub-title  "Streets,"  shall  be 
proceeded  with  and  completed  under  said  Article  and  sub-title. 

4.  Until  the  year  nineteen  hundred,  the  rate  of  taxation  for 
City  purposes  upon  all  landed  property  situated  within  the  said 
territorj^  annexed  to  Baltimore  City  by  the  Act  of  1888,  Chapter 
98,  and  upon  all  personal  property  liable  to  taxation  in  said 
territory,  whether  owned  by  persons,  corporations  or  otherwise, 
and  upon  which  taxes  would  be  paid  to  Baltimore  County,  if 
«aid  territory  had  not  been  annexed  to  the  said  City,  shall  at  no 
time  exceed  the  tax  rate  of  Baltimore  County  for  the  year 
eighteen  hundred  and  eighty-seven  ;  and  until  the  year  nine- 
teen hundred  there  shall  not  be,  for  the  purpose  of  City  taxation; 
any  increase  in  the  present  assessment  of  such  property  as  it 
is  now  assessed  ;  and  all  property  in  the  said  territory  which  is 
not  now  assessed,  but  which  may  be  within  the  same  period 
liable  to  assessment,  shall  be  assessed  at  the  same  rate  as  sim- 
ilar property  is  now  assessed  in  said  territory ;  and  during  the 
said  period,  up  to  the  year  nineteen  hundred,  the  City  of  Balti- 
more shall  expend  within  said  territory  an  amount  at  least 
equal  to  the  amount  of  revenue  derived  from  taxation  on  the 
basis  herein  set  forth  from  the  said  territory,  in  affording  to 
the  residents  within   said   territory  the  rights  and  privileges 


accorded  to  and  enjoyed  by  the  residents  within  the  other  wards 
of  said  City;  but  nothing  in  this  section  shall  be  so  construed 
as  to  require  the  expenditure  by  said  City  of  any  greater  sum. 
From  and  after  the  year  nineteen  hundred,  the  property,  real 
and  personal,  in  the  said  territory  so  annexed  shall  be  liable 
to  taxation  and  assessment  in  the  same  manner  and  form  as 
similar  jjroperty  within  the  other  wards  of  said  City  may  be 
liable ;  provided,  however,  that  after  the  year  nineteen  hundred, 
.the  Baltimore  County  rate  of  taxation  for  the  year  eighteen 
hundred  and  eighty-seven  shall  not  be  increased  for  City 
purposes  on  any  landed  property  within  the  said  territory  until 
avenues,  streets  or  alleys  shall  have  been  opened  and  con- 
structed through  the  same,  nor  until  there  shall  be  upon  every 
block  of  ground  so  to  be  formed,  at  least  six  dwelling  or  store 
houses  ready  for  occupation. 

5.  The  annexation  to  the  City  of  Baltimore  of  the  territory 
described  in  the  Act  of  1888,  Chapter  98,  shall  not  affect  the 
right  of  any  turnj^ike  or  toll-road  company  heretofore  chartered 
by  this  State  from  collecting  tolls  upon  such  parts  of  their  said 
■roads  as  lie  within  said  territory,  nor  shall  any  provision  in 
the  charter  of  said  companies  which  prohibits  the  erection  of  a 
toll-gate  within  one  mile  of  Baltimore  City,  operate  to  require 
the  removal  of  any  toll-gates  now  located  within  said  territory. 
But  the  Mayor  and  City  Council  of  Baltimore  shall  have  the 
power  to  purchase  or  condemn  from  said  companies  such 
portions  of  their  several  turnpike  roads  as  lie  within  the  City, 
or  to  arrange  with  the  said  companies  for  the  removal  of  their 
turnpike  gates  beyond  the  City  limits,  and  to  appropriate  such 
sums  of  money  as  may  be  necessary  to  carry  out  these  objects. 

General  Powers. 

6.  The  Mayor  and  City  Council  of  Baltimore  shall  have 
full  power  and  authority  : 

Buildings. — To  direct  in  what  part  of  the  City  of  Baltimore 
buildings  of  wood  shall  not  be  erected.  To  regulate  and 
establish  the  size  of  bricks  that  are  to  be  used  in  the  houses 
to  be  built  in  the  City  of  Baltimore.  To  provide  for  the  entry 
into  and  examination  of  all  dwellings,  lots,  yards,  enclosures 
and  buildings,  cars,  boats  and  vehicles  of  every  description,  to 
ascertain  their  condition  for  health,  cleanliness  and  safety ;  for 
the  taking  down  and  removal  of  buildings,  walls,  strvactures  or 
superstructures  that  are  or  may  become  dangerous,  or  to 
require  owners  to  remove  them  or  put  them  into  a  safe  and 


sound  condition  at  their  own  expense.  To  regulate  the  build- 
ing and  maintenance  of  party  walls,  partition  fences,  parapet 
and  fire  walls,  smoke  flues,  fire-places,  hot-air  flues,  boilers, 
kettles,  smoke  stacks  and  stove-pipes.  To  provide  for  and 
regulate  the  safe  construction,  inspection  and  repairs  of  all 
private  and  public  buildings  within  the  City ;  and  to  compel 
the  consumption  of  smoke,  and  make  such  regidations  as  maj 
be  deemed  necessary  to  prevent  the  same  from  becoming 
deleterious  or  offensive  to  health.  To  regulate,  restrain  or 
prohibit  the  erection  of  wooden  or  frame  buildings  within  the 
present  limits  of  the  City  and  to  remove  the  same  at  the 
owner's  expense  when  erected  or  suffered  to  remain  contrary  to 
law  or  ordinance.  To  regulate  the  height,  construction  and 
inspection  of  all  new  buildings  hereafter  erected  in  said  City ; 
and  the  alteration  arid  repairs  of  any  buildings  already  erected 
or  hereafter  to  be  erected  in  said  City,  and  the  ordinance  regu- 
lating the  construction  and  inspection  of  buildings  in  said 
City,  passed  by  the  City  Council  and  approved  by  the  Mayor 
October  23,  1891,  is  hereby  authorized  and  legalized,  in  the 
same  manner  as  if  full  authority  had  been  given  by  the 
General  Assembly  for  the  passage  of  the  same  prior  to  its 
enactment.  To  regulate  the  limits  within  which  it  shall  be 
lawful  to  erect  steps,  porticoes,  bay  windows  or  other  structural 
ornaments  to  houses  fronting  on  any  of  the  streets,  lanes  or 
alleys  of  said  City. 

Carriages. — To  license  and  regulate  all  carriages  and  other 
vehicles  owned  or  used  for  the  purpose  of  business  or  pleasure, 
and  also  all  hackney  coaches,  carriages,  carts,  drays,  omnibuses, 
wagons  and  other  vehicles,  kept  for  hire  or  hired  in  said  City ; 
and  also  to  license  and  regulate  the  employment  of  all  hack- 
men,  draymen,  wagoners,  carters,  porters  and  watermen,  plying 
for  hire  within  the  limits,  and  to  pass  all  necessary  and  proper 
regulations  respecting  the  same ;  provided,  however,  that  all 
revenue  arising  from  said  licenses  shall  be  applied  to  the 
paving  or  re  paving  of  the  public  highways  of  the  City.  Every 
carriage,  coach,  or  other  vehicle  moved  by  horses  or  other 
animal  power,  which  shall  be  used  for  the  conveyance  of 
persons  within  the  City  of  Baltimore  for  hire  or  compensation, 
shall  be  deemed  a  hackney  carriage.  To  regulate  the  breadth 
of  the  wheels  of  wagons,  carts  and  drays  to  be  used  for  hauling 
burdens  on  the  streets  of  said  City,  but  such  regulations  shall 
not  affect  persons  hauling  produce  to  said  City. 


5 


Chimneys. — To  license  and  regulate  the  sweeping  of  chimneys 
and  fix  the  rates  thereof,  and  to  regulate  the  sweeping  of  any 
chimney  by  the  neglect  of  which  the  Cit}"  may  be  endangered, 
and  to  ascertain  and  regulate  the  width  of  those  to  be  built  in 
the  City. 

Condemnation  of  Property. — To  acquire,  by  purchase  or  con- 
demnation, any  land  or  property,  or  any  interest  therein,  which 
it  may  require  for  school-houses,  engine-houses,  courthouses, 
markets,  streets,  bridges  and  their  approaches,  the  establish- 
ment or  enlargement  of  parks,  squares,  gardens  or  other  public 
places,  or  for  any  other  public  or  municipal  purpose,  and  may 
provide  such  methods  of  condemnation  of  any  land  or  prop- 
erty, or  interest  therein,  situated  wholly  or  partly  within  the 
City  of  Baltimore,  as  it  may  deem  proper ;  under  such  proce- 
dure as  it  may  adopt,  it  shall  provide  for  reasonable  notice  to 
the  owner  or  owners,  and  for  appeals  to  the  Baltimore  City 
Court,  by  any  person  interested,  including  the  Mayor  and  City 
Council  of  Baltimore,  from  the  decision  of  any  Commissioners 
or  other  persons  a]3pointed  to  value  any  such  land  or  property, 
or  interest  therein.  Nothing  herein  contained  shall  be  con- 
strued as  depriving  the  City  of  any  power  of  condemnation  for 
any  purpose  already  vested  in  it. 

Fire. — To  establish  and  regulate  fire  wards  and  fire  compa- 
nies, and  all  matters  pertaining  to  the  prevention  and  extin- 
guishment of  fires.  To  ap^Dropriate  a  sum  of  money  annually 
for  the  relief  of  disabled  and  superannuated  firemen,  for  the 
relief  of  the  widows  and  children  of  firemen  who  have  been 
killed  in  the  discharge  of  duty,  and  to  provide  by  general  ordi- 
nance for  giving  pensions  to  employees  of  the  Baltimore  Fire 
Department  who  may  become  unable  to  perform  further  service, 
by  reason  of  age,  or  other  physical  or  mental  disabilities.  To 
retire  from  office  in  the  Fire  Department  any  permanent  or 
called  member  thereof  who  has  become  permanently  disabled 
while  in  the  actual  performance  of  duty,  or  has  performed 
faithful  service  in  the  department  for  a  period  of  not  less  than 
twenty  consecutive  years,  and  placing  the  member  so  retired 
upon  a  pension  roll,  the  amount  of  annual  pension  to  each 
pensioner  to  be  an  amount  equal  to  one-half  the  yearly  amount 
then  being  received  by  him,  for  service  in  said  department  at 
the  time  of  such  retirement,  per  annum,  payable  in  monthly 
installments.  To  appropriate  annually  such  sums  of  money  as 
shall  be  sufiicient  to  pension  all  such  members  of  the  Fire 


Department  as  shall  be  upon  the  pension  roll.  To  regulate  the 
evil  and  pernicious  practice  of  firing  or  discharging  crackers 
within  the  limits  of  said  City,  either  bj  prohibiting  sale  of  the 
crackers  or  otherwise.  To  erect  and  provide  magazines  for  the 
storage  of  gunpowder  brought  to  the  City,  and  to  compel  the 
storage  of  same  therein,  and  to  regulate  the  price  of  said  stor- 
age. To  regulate  the  storage  of  naval  stores  and  other  com- 
bustible matter  in  such  quantities  or  in  such  places  in  the  City 
as  may  be  deemed  dangerous.  To  provide  for  the  inspection 
of  oils  or  fluids  made  from  petroluem  or  its  products,  to  be  used 
for  illuminating  purposes,  offered  for  sale  in  the  City  of  Balti- 
more, and  for  the  appointment  of  inspectors  for  that  purpose^ 
and  to  impose  such  fines  and  penalties  as  it  may  deem  neces- 
sary and  proper  in  the  premises.  To  fix  by  ordinance  the 
standard  or  flashing  point  of  oils,  of  fluids  made  from  petro- 
leum or  its  products,  used  for  illuminating  purposes,  and  offered 
for  sale  in  said  City,  and  to  provide  for  the  inspection  of  the 
same,  and  for  the  appointment  of  inspectors  for  that  purpose. 

Fish. — To  regulate  the  sale  or  disposition  of  fish  within  the 
limits  of  the  City  of  Baltimore ;  to  impose  fines  or  penalties 
for  the  violation  of  any  regulation  it  may  establish. 

Fruits,  Meats,  Vegetables  and  Other  Articles. — To  license  and 
regulate  the  sale  of  fresh  fruits,  meats,  vegetables  and  all  other 
perishable  articles  in  the  City  of  Baltimore. 

Harbor,  Docks  and  Wharves. — To  provide  for  the  perserva- 
tion  of  the  navigation  of  the  Patapsco  River  and  tributaries, 
including  the  establishment  of  lines  outside  the  limits  of  said 
City  and  within  four  miles  thereof,  beyond  which  no  pier, 
bulkhead  or  wharf  may  be  built  or  extended  ;  and  for  cleaning 
and  deepening  the  harbor,  docks  and  basin,  and  for  regulating 
the  stationing,  anchoring  and  mooring  of  vessels,  and  to  make 
such  rules  and  regulations  from  time  to  time  respecting  same ; 
to  make  surveys  or  charts  of  the  basin,  harl3or  and  river 
Patapsco,  and  to  ascertain  the  depth  and  course  of  the  channel 
of  same,  and  if  necessary,  affix  buoys  or  water  marks  for 
facilitating  and  rendering  more  safe  the  navigation  thereof. 
To  prohibit  any  person  or  persons  from  throwing  into  the 
Patapsco  River  or  any  of  the  branches  thereof,  any  earth,  sand 
or  dirt,  or  laying  out  on  the  beach  or  shore  of  said  river,  below 
common  high-water  mark,  any  earth,  sand  or  dirt,  unless  such 


earth,  sand  or  dirt  be  lirst  well  secured  bv  stone  walls,  dove- 
tailed log-  pens,  or  otherwise,*so  that  no  part  thereof  may  wash 
into  said  river  or  the  branches  thereof.      To  cause  the  basin 
and  harbor,  and  such  parts  thereof  as  it  may  deem  proper,  to 
be  cleansed,  scoured,  cleared  and  ballasted*  and  all  obstructions 
in  and  upon  the   same,  whether  from  vessels  sunken  or  any 
other  cause,  to  be  removed,  and  may  levy  reasonable  port  fees 
on  every  vessel  entering  or  clearing  from  said  port.      To  make 
such  regulations  as  it  may  deem  proper  respecting  wharves 
and  wharfage,  and  the  keeping  of  wharves  in  repair,  so  as  to 
prevent  their  injuring  the  harbor  and  basin,  and  for  preventing 
vessels   from   casting   filth   or   ballast   into   the  same,  and  to 
prevent  filth,  earth  or  soil  from  being  thrown  from  the  wharves 
or  land  into  said  basin  or  harbor,  so  as  to  fill  up  the  same  or 
obstruct  the  navigation  thereof.     To  impose  such  fines  for  the 
breach  of  any  ordinance  or  ordinances  passed  in  conformity 
therewith,  not  exceeding  one  hundred  and  fifty  dollars.     To 
assess,  levy   and    collect  on  every  thousand   feet  of    lumber 
floating  into  or  arriving  at  the  Port  of  Baltimore  and  washed 
therein,  a  sum  not  exceeding  thirty  cents  per  thousand  feet, 
board  measure  (except  all  lumber  floating  into  or  arriving  at 
sai(i  port  for  the  purpose  of  being  sawed  in  said  City  or  its 
vicinity,  and  all  timber  to  be  used  for  masts,  spars  and  wharfing 
timber),  to  be  appropriated  and  applied  by  the  Mayor  and  City 
Council  of  Baltimore  for  carrying   into   eflect   the   rules   and 
regulations  which  it  may  from  time  to  time  make  respecting 
said  harbor  and  port.      To  provide  for  the  appointment  of  as 
many  Harbor  Masters,  or  other  officers  or  agents  as  may  be 
necessary  to    execute    the    foregoing    powers.     To    collect    or 
impose  a  tax,  duty,  toll  or  wharfage  upon  any  goods,  wares  or 
merchandise,  or  other  articles,  for  passing  the  same  over  any 
of  the  public  wharves  within  the  City  of  Baltimore,  and  the 
said  corporation  may  regulate  the  time  during  which  any  goods, 
wares,  merchandise  or  other  articles  may  remain  on  said  public 
wharves,  or  the  time  which  the  vessels,  boats  or  scows  taking 
in    or  discharging    such    goods,  wares   or   merchandise   shall 
remain   at   said   wharves.      To  regulate,  establish   and   collect 
such  rate  of   wharfage   as  it  may  think  reasonable  from   all 
vessels  resorting  to,  lying  at,  depositing  or  transporting  goods 
or  articles  on  any  wharf  belonging  to  the  City,  or  any  public 
wharf  in  said  City,  other  than  wharves  belonging  to  or  rented 
by  the  State,  and  that  part  of  Pratt  Street  whai-f  reserved  for 
the  use  of  the  State. 


Health. — To  preserve  tlie  health  of  the  Citj.  To  prevent 
and  remove  nuisances.  To  prevent  the  introduction  of  conta- 
gious diseases  within  the  City,  and  within  three  miles  of  the 
same  ujDon  land,  and  within  fifteen  miles  thereof  upon  the  navi- 
gable waters  leading. thereto.  To  regulate  the  places  of  manu- 
facturing soap  and  candles,  the  erecting  of  slaughter-houses  and 
distilleries,  and  where  every  other  oifensive  trade  may  be  carried 
on.  To  regulate  the  construction,  care,  use  and  management  of 
tenement  houses,  lodging  houses  and  cellars  in  the  City  of 
Baltimore,  for  the  better  protection  of  the  lives  and  health  of 
the  inmates  dwelling  therein. 


^t3 


Hospifah.—To  ei-ect  or  establish  houses  of  correction,  alms- 
houses, reformatories,  hospitals  or  pest-houses,  within  or 
without  the  City,  if  necessary,  and  make  all  regulations  for 
the  government  of  the  same. 

Inspections. — To  establish  and  regulate  inspections  within  the 
City.  To  make  the  standard  of  weights  and  measures  the 
same  in  the  City  of  Baltimore  as  in  the  rest  of  the  State,  and 
enforce  the  same  by  inspection.  To  regulate  and  fix  the 
assizing  of  bread.  To  provide  by  ordinance  for  the  proper 
inspection  of  milk  or  any  and  all  other  food  products  offered 
for  sale  in  the  City  of  Baltimore  or  intended  for  consumption 
therein ;  to  make  and  from  time  to  time  to  alter  such  regula- 
tions in  regard  to  the  sale  of  milk  or  any  or  all  other  food 
products  as  to  it  may  seem  necessary  to  protect  the  public 
health  ;  and  to  provide  by  fine  of  not  more  than  one  hundred 
dollars  for  each  offence,  for  the  punishment  of  violations 
against  such  regulations  and  ordinances  ;  to  provide  for  such 
number  of  inspectors  or  analysts  as  it  may  deem  necessary, 
and  to  fix  their  duties  and  compensation,  and  from  time  to 
time  to  change  the  number,  duties  and  compensation  of  the 
said  inspectors  and  analysts.  To  provide  by  ordinance  for 
the  proper  inspection  of  all  the  bakeries,  bake  shops,  candy 
factories,  confectioneries  or  other  places  for  the  manufacture 
of  bread,  cakes,  confectionery  aud  similar  food  products,  for 
the  purpose,  more  especially,  of  asc^ertaining  their  sanitary 
condition  and  cleanliness,  and  for  the  purpose  of  ascertaining 
the  purity,  healthfulness  and  wholesomeness  of  the  fiour, 
sugar,  butter,  lard  and  other  ingredients  used  in  making  such 
bread,  cakes,  confectionery  and  other  articles  of  food  offered 
for  sale  in  the  City  of  Baltimore,  or  intended  for  consumption 
therein ;  to  make  and  from  time  to  time  alter  such  regulations 


9 


or  ordinances  in  regard  to  the  sale  of  said  food  products  as  to 
it  may  seem  necessary  to  protect  the  public  health,  and  to 
provide  by  fine  of  not  less  than  twenty  dollars  nor  more  than 
one  hundred  dollars  for  each  offence  for  the  punishment  of 
violations  against  such  regulations  and  ordinances ;  to  provide 
for  such  number  of  insjjectors  and  analysts  as  it  may  deem  nec- 
essary, and  to  fix  their  duties,  qualifications  and  compensation. 


Jail. — To  own,  regulate  and  control  the  Jail  of  Baltimore 


City. 


-^fe 


Jones's  Falls. — To  make  such  improvements  in  connectiou 
with  Jones's  Falls  as  in  its  judgment  are  desirable,  and  for  this 
purpose  to  change  the  course,  lines  and  boundaries  of  said 
stream,  in  whole  or  part ;  to  widen  and  deepen  the  same ;  to 
lay  out  and  construct  on  the  sides  and  adjacent  to  said  stream, 
streets,  avenues  and  wharves ;  to  construct  all  such  sewers  and 
drains  in  said  City  as  shall  be  deemed  requisite  in  connection 
with  said  improvement ;  and  generally  to  do  all  siich  things,  and 
exercise  all  such  powers  as,  in  its  judgment,  shall  be  necessary 
to  be  done  and  exercised  for  the  accomplishment  of  any  plans 
for  the  improvement  of  Jones's  Falls  which  have  been  or  may 
be  adopted  by  it.  To  have  power  at  any  time  to  acquire  all 
property  of  every  kind  and  description  which  may  be  necessary 
or  advisable,  in  its  judgment,  to  acquire,  for  the  accomplish- 
ment of  the  purposes  mentioned,  and  shall  moreover  have  full 
power  to  provide  for  the  ascertainment  of  the  value  of  all 
property  and  rights  of  property  which  it  is  thus  authorized  to 
acquire,  and  to  ascertain  whether  any  and  Avhat  amount,  in 
value,  of  damages  will  be  caused  by  the  construction  of  the 
aforesaid  works  of  improvement  in  connection  with  Jones's 
Falls,  or  any  of  them,  to  the  owner  or  possessor  of  any 
property,  or  rights  of  property,  within  the  said  City,  for 
which  the  owner  or  possessor  ought  to  be  compensated,  and 
to  ascertain  what  amount  of  benefits  will  be  caused  by 
the  construction  of  the  aforesaid  Avorks  of  improvements,  or 
any  of  them,  to  the  owner  or  possessor  of  any  property, 
or  rights  of  property,  for  which  said  owner  or  possessor 
ought  to  pay  a  compensation,  and  to  provide  for  assessing  or 
levying,  either  generally  on  the  whole  assessable  j^i'operty  of 
the  City,  or  especially  on  the  property  of  persons  benefited, 
the  whole  or  any  part  of  the  damages  and  expenses  which 
it  shall  be  ascertained  will  be  incurred  in  constructing 
such  works  in  connection  with   the  improvement  of  Jones's 


10 


Falls,  as  it  has  determined  or  shall  determine  to  make.     To 
provide  for  granting  appeals  to  Baltimore  City  Court  from  the 
decision  of  any  Commissioners,  or  other  persons  appointed  by 
virtue  of  any  ordinance,  to  ascertain  the  value  of  the  property 
which  the  City  may  wish  to  acquire  for  the  purposes  aforesaid, 
or  the  damages  which  will  be  caused,  or  the  benefits  which  will 
accrue,  by  the  construction  of  the  aforesaid  works  of  improve- 
ment, and  to  secure  to  every  owner  or  possessor  of  any  property, 
or  right  of  property,  which  it  may  thus  purpose  to  acquire,  or 
which  may  thus  be  decided  to  be  damaged  or  benefited,  the 
right,    on    application    within    a    time    to    be    prescribed    by 
ordinance,  to  have  decided  by  a  jury  trial,  the  true  value  of  the 
property  proposed  to  be  acquired  for  the  purposes  aforesaid, 
and  whether  any  and  what  damage  will  be  caused,  or  any  and 
what  benefits  will  accrue   to  the  owner    or  possessor    of  the 
property  so  assessed  for  damages  or  benefits  respectively,  and 
to  provide  for  collecting  and  paying  over  the  amount  of  com- 
pensation adjudged  to  each  person  entitled,  or  invest  it  in  the 
stock  of  the  said  City,  for  the  use  of  the  person  so  adjudged  to 
be  entitled  to  the  same,  and  to  provide  for  collection,  by  the 
sale  of  the  property  assessed,  or  otherwise,  of  all  sums  assessed 
as    benefits    aforesaid,    and    generally   to    enact   and    pass  all 
ordinances,  from  time  to  time,  which  shall  be  deemed  necessary 
and  proper  to  exercise  the  powers  and  efi'ect  the  objects  for  the 
exercise  and  accomplishment  of  which  this  paragraph  of  this 
section  is  passed.     To  define  and  locate  the  limits  of  Jones's 
Falls  within  the  City  of  Baltimore,  and  to  acquire  by  purchase 
or   condemnation,  under   proceedings   for   which    provision   is 
made    in    this  Article,  the    absolute  and    exclusive  right  and 
title  to  all  the  lands  and  rights  of  property  embraced  within 
the  said  limits,  and  in  the  ground  covered  by  all  streets  or 
avenues  which  it  may  lay  out  and  condemn  on  the  sides  of  the 
stream,  and  it  shall  have  an  estate  in  fee  simple  in  the  same. 
It  shall  have  power  and  is  authorized  to  construct  wharves  or 
quays  along  the  margin  of  said  stream,  or  use  the  said  streets 
or  avenues  for  wharf  or  quay  purposes,   and  collect  tolls  or 
wharfage  from  all  vessels  or  boats  using  the  same.      To  make 
such  changes  in  the  grades  of  the  streets  in  the  City  of  Balti- 
more as  shall,   in  its  judgment,   be  necessary  for  the  proper 
construction    of    works    connected    with    the    improvement    of 
Jones's  Falls,  which  it  may  determine  to  construct,  and  it  shall 
not  be  necessary,  in  order  to  make  such  changes  in  the  grades 
of  streets,  to  obtain  the  consent  of  any  of  the  proprietors  of 
the  ground  frontiug  on  said  streets,  or  affected  by  such  changes. 


11 


To  make  such  provisions  as  it  shall  deem  best  for  defraying 
the  cost  of  grading  and  paving  of  any  streets  or  avenues  which 
it  may  lay  out  and  condemn  along  the  margin  or  side  of  Jones's 
Falls.  To  issue  bonds  to  an  amount  not  exceeding  two 
millions  five  hundred  thousand  dollars,  from  time  to  time,  as 
the  same  may  be  required  in  the  course  of  the  construction  of 
the  works  connected  with  the  improvement  of  Jones's  Falls, 
for  the  construction  of  which  provision  is  made  by  the 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
entitled,  "An  ordinance  to  provide  for  the  improvement  of 
Jones's  Falls  within  the  limits  of  the  City  of  Baltimore,  and 
to  open  avenues  and  construct  sewers  on  the  borders  thereof," 
the  said  bonds  to  be  issued  in  sums  of  not  less  than  one 
hundred  dollars  each,  redeemable  in  thirty  years,  and  bearing 
interest  at  6  per  cent,  per  annum,  payable  quarterly,  transferable 
as  other  City  bonds,  as  provided  in  sections  one  and  two  of  an 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  entitled, 
"  An  ordinance  to  authorize  the  issuing  of  bonds  of  the  City  of 
Baltimore,  for  the  purpose  of  providing  means  for  the  improve- 
ment of  Jones's  Falls,  "  approved  January  31,  1870  ;  provided, 
that  said  bonds  shall  not  be  issued  unless  the  last  mentioned 
ordinance  shall  be  approved  by  the  votes  of  a  majority  of  the 
legal  voters  of  the  said  City,  cast  at  the  time  and  places  pro- 
vided for  in  the  last  mentioned  ordinance.  To  compel  any 
individuals,  companies  or  bodies  politic,  owning  property 
binding  on  Jones's  Falls,  within  the  limits  of  the  City,  to  wall 
up  such  property,  so  far  as  the  same  may  bind  on  the  falls, 
with  a  good  and  sufficient  stone  wall,  to  such  height  as  in  its 
judgment  the  public  good  may  require,  and  to  have  the  same 
backed  up  or  filled  in  with  earth,  so  as  to  secure  the  same  and 
the  adjacent  property  from  danger  of  being  inundated  with 
water ;  and  whenever  it  may  deem  necessary,  to  compel 
individuals,  companies  or  bodies  politic,  to  rebuild  or  repair, 
in  a  good  and  sufficient  manner,  any  stone  wall  owned  by  them 
and  binding  on  Jones's  Falls  within  the  limits  of  the  City  of 
Baltimore ;  and  should  any  individuals,  companies  or  bodies 
politic  neglect  or  refuse  to  wall  up  Jones's  Falls,  rebuild  or 
repair  any  such  wall  within  the  limits  of  the  City  of  Baltimore, 
when  required  so  to  do,  the  said  City  may  cause  the  same  to 
be  done,  and  it  is  authorized  and  empowered  to  recover  the 
cost  of  such  wall,  rebuilding  or  repairing,  by  suit  at  law,  from 
the  party  who  may  have  refused  or  neglected  to  build, 
rebuild  or  repair  such  wall ;  and  the  cost  of  such  wall  shall  be 
a  lien  on  the  property  so  walled  up  or  repaired. 


12 


Licenses. — To  license,  tax  and  regulate  all  businesses,  trades, 
avocations  or  professions.  To  license,  regulate,  tax  or  suppress 
hawkers,  peddlers,  brokers,  pawnbrokers,  intelligence  offices, 
street  exhibitions  or  fortune-tellers. 

Markets. — To  erect,  regulate,  control  and  maintain  markets 
and  stalls  within  the  City  of  Baltimore,  and  to  regulate  and 
control  the  sale  of  all  goods,  wares,  merchandise  or  other 
articles  therein.  To  lease,  sell  or  dispose  of  any  stalls  or 
stands  in  any  market,  in  such  manner  and  upon  such  terms  as 
it  may  think  projjer.  To  contract  for,  purchase,  lease  and  hold 
to  it  and  its  successors,  in  fee  simple,  or  for  a  term  of  years, 
renewable  from  time  to  time  forever,  any  lands,  tenements  and 
their  appurtenances  in  the  vicinity  of  any  market  for  the  pur- 
pose of  extending  same.  To  condemn  any  land  or  other  prop- 
erty or  any  interest  in  land  or  other  property  for  market  pur- 
poses in  the  mode  provided  in  this  Article.  To  levy  and  collect 
all  costs,  damages  and  expenses  incurred  by  the  condemnation 
proceedings  aforesaid.  The  clerks  of  the  markets  shall  have 
full  power  and  authority  to  seize  by  distress  any  meats,  vege- 
tables or  other  articles  upon  any  stall  or  stand  in  the  market- 
houses  of  the  City  of  Baltimore,  if  the  person  or  persons 
owning  such  stall  or  stand  shall  not  pay  the  rent  due  thereon, 
and  they  shall  also  collect  all  fines  and  forfeitures  imposed  bj 
this  Article  or  ordinances  relating  to  markets,  and  account  for 
the  same  to  the  Mayor  and  City  Council  of  Baltimore.  To 
levy  and  collect  all  the  costs,  damages  and  expenses  awarded 
in  any  condemnation  proceeding  provided  for  in  this  Article, 
for  the  extension  or  construction  of  any  market  or  markets  in 
the  City  of  Baltimore, 

Parks. — To  establish,  maintain,  control  and  regulate  parks 
or  squares  in  the  City  of  Baltimore,  for  the  recreation  and 
benefit  of  its  citizens.  The  resolution  of  the  Mayor  and  City 
Council  of  Baltimore,  appointing  a  Commission  in  relation  to 
the  proposed  pulilic  parks,  approved  June  4,  1860,  and  the 
ordinance  of  the  Mayor  and  City  Council  of  Baltimore,  to  pro- 
vide for  a  public  park  or  parks,  approved  June  21,  1860,  are 
confirmed  ;  and  all  acts  done,  or  which  may  hereafter  be  done, 
by  the  said  Mayor  and  City  Council  of  Baltimore,  or  the  officers 
of  said  Cit}',  or  the  Park  Commission  acting  under  the  provis- 
ions of  the  said  resolution  and  ordinance,  shall  have  the  same 
effect  as  if  the  said  Mayor  and  City  Council  of  Baltimore, 
prior  to  the  passage  of  said  resolution  and  ordinance,  had  been 


13 


expressly  empowered,  by  Act  of  the  General  Assembly,  to  enact 
a  resolution  and  ordinance  in  the  precise  terms  of  said  resolu- 
tion and  ordinance,  and  to  provide  for  carrying  the  same  into 
effect.  All  the  rights,  privileges  and  authority  heretofore 
granted,  by  ordinance,  to  the  Park  Commission,  are  hereby 
transferred  to  the  Board  of  Park  Commissioners  as  constituted 
in  this  Article.  The  Board  of  Park  Commissioners  be  and 
hereby  is  authorized  and  empowered,  upon  and  immediately 
after  the  execution  and  delivery,  by  the  owners  thereof,  of  the 
deed  hereinafter  referred  to,  to  the  Mayor  and  City  Council  of 
Baltimore,  to  assume  exclusive  jurisdiction  and  control  over 
the  public  highway  known  as  Green  Spring  Avenue  Road,  ex- 
tending from  the  north  entrance  of  Druid  Hill  Park,  through 
parts  of  Baltimore  City  and  parts  of  Baltimore  County,  to  the 
Western  Run  bridge  in  Baltimore  County,  with  full  power  in 
said  Board  of  Park  Commissioners  to  regulate  the  use  of  the 
said  Green  Spring  Avenue  Road  as  a  highway,  and  to  prescribe 
the  hours  when  and  the  manner  in  wliich  manure  carts,  hay 
wagons  and  all  or  any  other  description  ot  vehicles  may  use 
the  same,  and  to  prescribe  fines  and  penalties  for  the  violation 
of  such  regulations,  in  the  same  manner  as  it  prescribes  fines 
and  penalties  for  violations  of  the  public  park  regulations.  The 
owners  of  said  Green  Spring  Avenue  Road  are  hereby  author- 
ized to  grant,  and  the  Mayor  and  City  Council  of  Baltimore 
are  hereby  authorized  to  accept  from  said  owners,  a  good  and 
sufiicient  deed  for  the  bed  of  said  road,  subject  to  the  rights 
of  the  adjacent  property-holders  to  use  the  same  as  a  highway. 
From  and  immediately  after  the  acceptance  by  the  Mayor  and 
City  Council  of  Baltimore,  of  the  deeds  mentioned  above,  all 
obligation  and  duty  upon  the  part  of  either  the  owners  of  said 
Green  Spring  Avenue  Road  or  of  the  public  authorities  of 
Baltimore  County,  to  keep  or  maintain  said  road  in  repair, 
shall  cease,  and  from  and  immediately  after  said  time,  the  sole 
obligation  to  keep  and  maintain  said  road  in  repair,  shall  rest 
upon  the  Mayor  and  City  Council  of  Baltimore.  The  Board 
of  Park  Commissioners,  as  herein  provided  for,  shall  have  all 
the  rights,  powers  and  authority  as  are  specifically  set  forth  in 
this  paragraph  of  this  section  and  elsewhere  in  this  Article, 
and  all  rights,  powers  and  authority  are  hereby  granted  to  the 
Mayor  and  City  Council  of  Baltimore  to  make  such  other  and 
further  rules  and  regulations  as  it  may  deem  proper  for  the 
maintenance  of  all  parks  and  squares  within  the  City  of  Balti- 
more not  inconsistent  with  this  Article. 


14 

Police. — To  appropriate  a  sum  of  monej  annually  for  the 
relief  of  disabled  and  superannuated  members  of  the  police 
force  of  Baltimore  City,  and  for  the  relief  of  widows  and  children 
of  policemen  who  may  be  killed  in  the  discharge  of  duty. 

Police  Power. — To  pass  ordinances  for  preserving  order,  and 
securing  property  and  persons  from  violence,  danger  and 
destniction,  protecting  the  public  and  City  property,  rights 
.and  privileges  from  waste  or  encroachment,  and  for  promoting 
the  great  interest  and  insuring  the  good  government  of  the  City. 
To  have  and  exercise  within  the  limits  of  the  City  of  Baltimore 
all  the  power  commonly  known  as  the  Police  Power  to  the 
same  extent  as  the  State  has  or  could  exercise  said  po\<^er 
wdthin  said  limits.  But  no  ordinance  heretofore  passed,  or 
that  shall  hereafter  be  passed  by  the  Mayor  and  City  Council 
of  Baltimore,  shall  hereafter  conflict  or  mterfere  with  the  powers 
or  exercise  of  the  powers  of  the  Board  of  Police  of  the  City 
of  Baltimore,  heretofore  created,  nor  shall  the  said  City,  ok* 
any  oflicer  or  agent  of  the  City,  or  of  the  Mayor  thereof,  in 
any  manner  impede,  obstruct,  hinder  or  interfere  with  the  said 
Board  of  Police,  or  any  officer,  agent  or  servant  thereof  or 
thereunder. 

Peddlers. — The  Mayor  may  grant  permits,  upon  the  payment 
of  the  sum  of  seven  dollars  to  the  Comptroller,  to  such 
number  of  poor  persons  as  to  him  may  seem  proper,  to  peddle 
within  the  limits  of  the  City  of  Baltimore,  notions  and  small 
wares  without  a  license ;  provided,  that  the  stock  in  trade  of 
such  peddler  shall  not  exceed  twenty-five  dollars  in  value,  and 
.that  the  said  Mayor  at  any  time  may  revoke  any  such  permit. 

Pxvips,  Fountains  and  Springs. — To  erect  and  regulate  pumps, 
fountains  and  springs  in  the  streets,  lanes  and  alleys  of  the 
City  of  Baltimore. 

Railroads. — On  application  or  assent,  in  writing,  of  the  owners 
of  the  major  part  in  extent  of  front  feet  of  the  lots  fronting 
on  each  side  of  any  sti'eet  or  part  of  street,  to  pass,  subject  to 
the  provisions  and  requirements  of  sections  37  and  85  of  this 
Article,  such  ordinances  as  shall  be  necessary  for  the  construc- 
tion of  any  track  or  railway  of  a  steam  railroad  on  and  along 
such  street ;  to  permit  and  cause  such  alteration  in  the  grade 
of  such  street  as   may  be  necessary  for  the  more  convenient 


15 


^nd  useful  construction  of  such  railway ;  and  may  levy  and 
assess  on  all  lots  fronting  on  such  street,  or  part  of  street,  or 
on  the  owners  of  such  lots,  their  just  proportion  of  the  expense 
of  such  construction,  and  enforce  payment  thereof ;  provided, 
notice  be  given  to  such  owners  before  said  assessment  is  made, 
with  the  right  to  a  hearing  as  to  the  propriety  of  the  same, 
and  the  further  right  of  a  jury  trial  by  appeal  to  the  Baltimore 
Oity  Court,  and  the  proprietor  of  any  lot  in  front  of  which 
any  such  railway  shall  be  so  constructed,  and  the  just  propor- 
tion of  which  shall  be  paid  by  him,  shall  be  entitled,  at  his 
own  expense,  to  have  a  convenient  siding  or  turn-out  made,  to 
enable  him  to  have  the  beneficial  use  of  such  railway.  The 
City  may,  whenever  the  public  interests  require,  revoke  the 
privilege  granted  to  such  railroad  to  use  said  street  or  part  of 
a  street,  upon  the  payment  to  such  railroad  of  the  actual  cost 
of  construction  of  said  railway  tracks,  and  upon  such  revoca- 
tion and  payment  aforesaid,  the  said  railroad  shall  remove  all 
of  its  tracks  from  said  street.  To  require  street  passenger 
railways  to  provide  proper  fenders  to  their  cars  for  the  protec- 
tion of  human  life  and  to  lessen  the  danger  thereto  arising 
from  collisions  with  such  cars,  and  to  enforce  said  requirements 
by  such  fines  and  penalties  as  may  be  prescribed  by  ordinance. 
To  regulate  the  use  of  the  streets  by  street  railways. 

Schools. — To  establish  in  the  City  of  Baltimore,  in  con- 
formity with  the  provisions  of  this  Article,  a  system  of  free 
public  schools,  which  shall  include  a  school  or  schools  for 
manual  or  industrial  training.  To  pass  all  ordinances  for  the 
protection  of  school  houses  and  property,  and  to  punish  any 
person  that  may  disturb  the  sessions  of  the  public  schools. 
To  levy  and  collect,  upon  the  assessable  property  in  the  City 
of  Baltimore  as  other  taxes  are  levied  and  collected,  such 
amount  of  taxes  as  may  be  necessary  to  defray  all  expenses 
incurred  for  educational  purposes. 

Sewers. — To  provide  for  constructing,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  herein  contained  as  to 
the  Board  of  Public  Improvements  and  Board  of  Estimates, 
any  sewer  or  drain,  public  or  private,  through  any  private 
property.  To  pave  and  keep  in  repair,  subject  to  the  pro- 
visions herein  contained  as  to  the  Board  of  Public  Improve- 
ments and  Board  of  Estimates,  all  necessary  sewers  and  drains, 
and  to  pass  all  regulations  necessary  for  the  preservation  of 


16 


the  same  and  to  authorize  any  person  appointed  bj  it,  or  by 
the  City  Engineer  for  that  purpose,  to  enter  upon  the  lands, 
grounds  or  possessions  of  any  person  or  body  politic,  through 
which  the  common  sewers  or  private  sewers  or  drains  run  or 
may  run,  to  examine,  inspect,  regulate,  make  or  repair  the 
same.  To  condemn  any  land  or  interest  in  land  in  the  mode 
provided  in  this  Article  for  the  use  of  the  Mayor  and  City 
Council  of  Baltimore  in  the  construction  of  any  sewers  or 
sewerage  system.  To  inspect  and  regulate  house  drainage  and 
sewerage  connections,  and  to  prescribe  the  kind  and  quality  of 
material  to  be  used  for  such  purposes. 

Squares,  Springs  and  Monumtnts. — To  establish,  regulate 
and  control  all  squares,  springs  and  monuments  erected  or 
constructed  within  the  City  of  Baltimore,  and  to  provide  for 
the  maintenance  of  same.  To  provide  by  ordinance  for  the 
purchase  or  condemnation  of  all  that  land  lying  in  the  City  of 
Baltimore  between  the  lines  of  Dolphin  street  on  the  north, 
Biddle  street  on  the  south,  Jordan  alley  on  the  east,  and 
Morris  alley  on  the  west,  or  so  much  thereof  as  may  be 
necessary,  upon  a  proper  survey,  to  extend  the  line  of  park- 
ing known  as  Eutaw  Square  from  Dolphin  street  to  Biddle 
street,  and  the  driveways  on  each  side  thereof;  and  to  provide 
for  assessing  and  levying  on  the  whole  assessable  property  of 
the  said  City,  or  on  the  property  of  persons  thereby  benefited, 
the  whole  or  any  part  of  the  damages  and  expenses  which  may 
be  incurred  in  acquiring  said  land,  and  in  locating  and  laying 
out  the  said  line  of  square ;  and  to  provide  for  the  granting  of 
appeals  to  the  Baltimore  City  Court,  from  the  decisions  of  the 
Commissioners  for  Opening  Streets  or  any  Commissioners,  or 
other  persons,  appointed  by  authority  of  any  ordinance  to 
ascertain  the  damages  which  will  be  caused  or  the  benefits 
which  will  accrue  to  the  owners  or  possessors  of  ground,  or 
improvements  in  acquiring  said  land,  and  in  locating,  laying 
out  and  extending  said  square  from  Dolphin  street  to  Biddle 
street,  and  for  securing  to  every  such  owner  and  possessor  the 
right,  on  applicatian  within  a  reasonable  time,  to  have  decided 
by  a  jury  trial,  whether  any  damage  has  been  caused,  or  any 
benefit  has  accrued  to  them,  and  to  what  amount ;  and  to  pro- 
vide for  collecting  and  paying  over  the  amount  of  compensation 
adjudged  to  each  person  entitled,  or  investing  it  in  stock  of 
said  City,  for  the  use  of  any  such  persons  who,  because  of 
their  infancy,  absence  from  the  City,  or  any  other  cause,  may 


17 


be  prevented  from  receiving  it,  before  an}'  part  of  the  land 
lying  within  the  said  lines  shall  be  taken.  Before  the  said 
City  shall  pass  any  ordinance  under  the  above  provisions,  at 
least  sixty  days'  notice  shall  be  given  of  any  application  f(jr 
the  passage  of  such  ordinance,  in  at  least  two  daily  newspapers 
in  said  City ;  and  before  the  Commissioners  for  Opening 
Streets  or  any  Commissioner  or  Commissioners  appointed  by 
any  ordinance  under  the  above  provisions  shall  proceed  to  the 
performance  of  his  or  their  duty,  he  or  they  shall  give  notice 
in  at  least  two  of  the  daily  newspapers  in  the  City  of  Balti- 
more, of  the  object  of  the  ordinance  under  which  he  or  they 
propose  to  act,  at  least  thirty  days  before  the  time  of  their  first 
meeting  to  execute  the  same. 

Stocks,  Loans  and  Finance. — To  levy  upon  the  assessable 
property  within  the  City,  and  collect  by  tax  any  sum  which 
may  be  necessary  to  pay  and  discharge  the  principal  and  inter- 
est of  any  loan  which  may  heretofore  have  been  obtained,  or 
which  may  hereafter  be  obtained  by  said  City,  according  to 
law.  It  shall  create  a  sinking  fund  to  meet  the  liabilities 
thus  incurred,  and  may  also  levy  upon  the  assessable  property 
of  the  City  of  Baltimore,  from  time  to  time,  such  sums  as  may 
be  necessary  to  provide  therefor,  and  for  the  payment  of  the 
principal  and  interest  of  the  liabilities  to  be  incurred  under 
this  section,  and  may  pass  all  ordinances  necessary  to  carry 
out  the  purpose  of  the  same.  Whenever  the  Commissioners 
of  Finance  shall  be  authorized  by  the  City  to  invest  moneys 
belonging  to  the  sinking  fund  of  said  City,  in  aniuiities  or 
ground  rents,  reserved  out  of  the  lands  leased  to  the  City  and 
payable  by  the  said  City,  the  said  Commissioners  may  pur- 
chase such  rents  or  annuities  and  the  reversions  of  such 
lands  ;  and  the  conveyances  thereof  taken  may  be  made  to  the 
Mayor  and  City  Council  of  Baltimore,  in  trust  for  the  benefit 
and  purpose  of  the  said  sinking  fund ;  and  in  every  such  case, 
such  conveyances  shall  not  work  a  merger  of  the  lease  or  term, 
but,  until  otherwise  provided  by  law,  the  rent  shall  continue  to 
be  payable  to  the  City  as  if  such  purchase  had  not  been  made, 
but  shall  be  received  and  applied  by  the  Commissioners  of 
Finance  as  the  income  of  other  investments  of  the  sinking  fund 
may  be  applied.  Whenever  and  as  often  as  it  may  be  necessary 
hereafter  to  issue  certificates  of  indebtedness  or  City  stock  or 
bonds  of  the  City  of  Baltimore,  either  for  loans  of  the  said 
City,  already  created  and  authorized  by  law,  but  not  yet  nego- 
2 


18 

tiatecl  and  issued,  or  for  loans  which  may  be  hereafter  created 
and  authorized  to  be  issued  as  aforesaid,  provision  may  be 
made,  in  the  discretion  of  the  City,  for  the  payment  of  any 
taxes  which  the  hohlers  of  said  certificates  or  bonds  may  be 
legally  liable ;  provided,  however,  that  the  rate  of  interest  pay- 
able on  said  loans  shall  not  exceed  the  rate  of  five  per  cent, 
per  annum ;  and  provided,  further,  that  nothing  herein  con- 
tained shall  prevent  the  said  City  from  negotiating  said  loans, 
or  any  part  thereof,  already  authorized  by  law,  but  not  yet 
actually  issued,  or  which  may  be  hereafter  created  and  author- 
ized by  law,  at  a  lower- rate  of  interest  than  five  per  cent.,  per 
annum,  whenever  it  may  appear  to  the  said  City  practicable 
and  advisable  to  do  so. 

Streets,  Bridges  and  Highioays. — To  provide  for  laying  out, 

opening,    extending,    widening,    straightening    or    closing  up, 

in  whole  or  in  part,  any  street,  square,  lane  or  alley  wathin  the 

bounds  of  said  City,  which  in  its  opinion  the  public  welfare  or 

convenience  may  require.      To  provide  for  ascertaining  whether 

any,  and   what   amount   in  value,  of  damage  will  be  caused 

thereby,  and  what  amount  of  benefit  will  thereby  accrue  to  the 

owner  or  possessor  of  any  ground  or  improvements  within  or 

adjacent  to  said  City,  for  which  said  owner  or  possessor  ought 

to  be  compensated,  or  ought  to  pay  a  compensation,  and  to 

provide  for  assessing  or  levying,  either  generally  on  the  whole 

assessable  property  of  said  City,  or  specially  on  the  property 

of  persons  benefited,  the  whole  or  any  part  of  the  damages  and 

expenses  which  it  shall  ascertain  will  be  incurred  in  locating, 

opening,  extending,  widening,   straightening  or  closing  up  the 

whole  or  any  part  of  any  street,  sqviare,  lane  or  alley  in  said 

City.     To  provide  for  granting  appeals  to  the  Baltimore  City 

Court,  from  the  decisions  of  the  Commissioners  for  Opening 

Streets    or    any    Commissioner    or    Commissioners,    or    other 

persons  appointed  by  virtue  of  any  ordinance,  to  ascertain  the 

damage  which  Avill  be  caused  or  the  benefit  which  will  accrue 

to  the  owners  or  possessors  of  ground  or  improvements  by 

locating,  opening,  extending,  widening,  straightening  or  closing 

up,  in  whole  or  in  part,  any  street,  square,  lane  or  alley  within 

the  said  City,  and  for  securing  to  every  siach  owner  or  possessor 

the  right,  on  application   within   a   reasonable   time,  to   have 

decided  by  a  jury  trial  whether  any  damage  has  been  caused, 

or  any   benefit  has   accrued   to   them,   and   to   what   amount. 

To    provide    for  collecting    and    paying  over    the    amount  of 

■compensation  adjudged  to  each   person  entitled,  or   inventing 


19 


it  in  stock  of  the  said  City,  for  the  use  of  any  such  person 
who,  because  of  infancy,  absence  from  the  City  or  any  other 
cause,  may  be  prevented  from  receiving  it,  before  any  street, 
square,  lane  or  alley,  in  whole  or  in  part,  shall  be  so  opened, 
extended,  widened,  straightened  or  closed  up,  and  to  enact 
and  pass  all  ordinances,  from  time  to  time,  which  shall  be 
deemed  necessary  and  proper  to  exercise  the  powers  and 
effect  the  objects  above  specified.  To  acquire  the  fee  simple 
interest  in  any  land  for  the  purpose  of  opening,  extending, 
widening  or  straightening,  in  whole  or  in  part,  any  street, 
square,  lane  or  alley  in  Baltimore  City.  To  provide  by  ordi- 
nance for  the  collection  of  rent  or  revenue,  which  may  or  can 
be  derived  or  collected  from  the  occupiers,  tenants,  or  by  what- 
ever term  they  may  be  called,  for  the  use  and  occupation  by 
them,  of  all  building  or  buildings,  or  other  property  which  the 
City  pays  for,  to  the  owners  thereof,  in  all  cases  of  street 
openings,  straighteniugs,  closings  or  widenings,  or  in  any  case 
of  condemnation  for  any  purpose  whatever,  said  rent  to  be 
paid  by  said  tenants  or  occupiers  of  said  building  or  buildings, 
or  other  property,  to  the  City  authorities,  from  the  date  of  pay- 
ment for  the  same  by  the  City  to  the  owners  thereof,  or  from 
the  date  of  the  tender  of  such  payment,  if  for  any  cause  said 
owners  refuse  or  cannot  lawfully  accept  the  same,  until  said 
building  or  buildings  are  removed,  and  until  said  property 
shall  be  required  by  the  City  for  its  purposes,  under  the  con- 
.  demnation  proceedings.  To  provide  by  general  or  special 
ordinance  for  the  establishment,  and  change  from  time  to  time, 
of  the  grade  lines  of  any  street,  lane  or  alley,  or  part  thereof, 
now  or  hereafter  marked,  located  or  laid  out  upon  the  plan  of 
said  City.  To  provide  by  ordinance  for  grading,  shelling, 
graveling,  paving  and  curbing,  or  for  the  regrading,  reshelling, 
regraveliug,  repaving  and  recurbing  of  any  street,  lane  or  alley 
in  said  City,  or  part  thereof,  now  condemned,  ceded,  opened, 
as  a  public  highway,  or  which  may  hereafter  be  condemned, 
ceded,  opened,  widened,  straightened  or  altered  according  to 
the  laws  and  ordinances  regulating  the  same ;  and  also  for 
assessing  the  cost  of  any  such  work,  in  whole  or  in  part,  upon 
the  property  binding  upon  such  street,  lane  or  alley,  or  part 
thereof,  according  to  such  rule  or  basis  as  it  may  determine, 
and  for  collecting  said  assessments  as  other  City  taxes  are 
collected  or  in  such  manner  as  it  may  prescribe,  either  before 
or  after  the  work  shall  have  been  done,  provided  that  before 
the  passage  by  either  Branch  of  the  City  Council  of  any 
ordinance  requiring  the  whole  or  any  portion  of  the  costs  to 


'20 

be  assessed  upon  the  property  ten  days'  notice  shall  be  given 
in  at  least  two  of  the  daily  newspapers  in  said  City,  and  an 
opportunity  shall  be  afforded  to  all  persons  interested  therein 
to  appear  and  be  heard  before  some  appropriate  committee  of 
the  Council,  and  it  may  also  provide  for  appeals  to  the  Balti- 
more City  Court  from  the  decisions  of  the  Commissioners  for 
Opening  Streets  or  any  Commissioner  or  Commissioners,  or 
other  person  or  persons  appointed  to  determine  the  amount  of 
assessment  to  be  made  upon  any  property  under  any  such 
ordinance ;  and  in  the  trial  of  such  appeal  the  practice  shall 
conform  as  near  as  may  be  to  the  practice  in  the  trials  of  street 
appeals,  including  the  right  of  appeal  to  the  Court  of  Appeals. 
To  provide  by  general  ordinance,  subject  to  the  provisions  and 
requirements  of  section  85  of  this  Article,  for  the  grading, 
gi-aveling,  shelling,  paving  or  curbing,  or  for  the  regrading, 
regraveling,  reshelling,  repaving  or  recurbiug  of  any  street,  lane 
or  alley,  or  part  thereof,  in  said  City,  without  the  passage  of  a 
special  ordinance  in  the  particular  case,  whenever  the  owne]-s  of 
a  majority  of  the  front  feet  of  property  binding  on  such  street, 
lane  or  alley,  or  part  thereof,  shall  apply  for  the  same,  upon 
terms  and  under  conditions  to  be  prescribed  in  the  same  general 
ordinance,  and  for  the  assessment  in  any  such  case  of  the  cost 
of  such  work,  in  whole  or  in  part,  pro  rata,  upon  all  the  prop- 
erty binding  upon  such  street,  lane  or  alley,  or  •  part  thereof, 
and  for  the  collection  of  such  assessment  as  other  City  taxes 
are  collected.  In  any  and  all  cases  where  any  street,  lane  or 
alley,  or  any  part  thereof,  in  the  City,  has  been  graded,  paved 
or  curbed,  or  regraded,  repaved  or  recurbed,  under  any  ordi- 
nance which  provided  for  assessing  the  whole  or  any  portion 
of  the  cost  of  such  improvement  upon  the  property  binding 
upon  such  street,  lane  or  alley,  or  part  thereof,  and  such 
assessments,  or  any  part  thereof,  remain  unpaid,  it  shall  be 
lawful  for  the  City  to  provide  by  ordinance  for  the  levy  and 
collection  in  such  manner  as  it  may  deem  proper,  of  a  tax 
upon  all  the  property  binding  on  any  street,  lane  or  alley,  or 
part  thereof,  which  may  have  been  so  improved,  to  the  extent 
that  such  property  shall  have  been  specially  benefited  by 
such  improvement,  provided  that  no  property  upon  which 
the  assessment  originally  made  for  its  share  of  the  cost 
of  such  improvement  shall  have  been  paid  shall  be  again 
assessed,  and  that  reasonable  notice  and  an  opportunity  to  be 
heard  shall  be  given  to  all  persons  interested  before  the 
final  ascertainment  of  the  amount  of  tax  to  be  paid  by  any 
such  property,  and  the  said  City  shall  provide  for  appeals  to 


21 


the  Baltimore  City  Court  by  any  person  or  persons  inter- 
ested, including  the  City  itself,  from  the  decision  of  the  Com- 
missioners for  Openiiig  Streets  or  any  Commissioner  or  Com- 
missioners, or  other  persons  appointed  to  determine  the 
amount  or  amounts  of  such  special  taxes  or  assessments  ;  and 
in  the  trial  of  such  appeals  the  practice  shall  conform  as  near 
as  may  be  to  the  practice  in  the  trial  of  street  appeals,  includ- 
ing the  right  of  appeal  to  the  Court  of  Appeals.  To  pass  all 
ordinances  necessary  for  grading,  regulating,  paving  and  repair- 
ing the  footways  in  the  streets,  lanes  and  alleys  of  the  City,  and 
impose  a  tax  on  any  lot  fronting  on  any  paved  street,  lane  or 
alley,  for  the  purpose  of  grading,  regulating,  paving  or  repair- 
ing footways  in  front  thereof,  or  compel  by  fine  or  otherwise 
the  owner  or  proprietor  of  any  lot  to  pave  or  repair  the  foot- 
ways in  front  thereof,  agreeably  to  the  ordinances  to  be  passed 
by  it.  To  regulate  the  use  of  streets,  highways,  roads,  public 
places  and  sidewalks  by  foot-passengers,  animals,  vehicles,  cars, 
motors  and  locomotives,  and  prevent  encroachment  thereon 
and  obstruction  of  the  same.  To  regulate  the  opening  of  street 
surface,  for  the  purposes  authorized  by  law  or  ordinance.  To 
regulate  the  numbering  of  houses,  lots,  streets  and  avenues,  and 
the  naming  of  streets,  avenues  and  public  places.  To  regulate 
the  use  of  sidewalks  for  use  of  signs,  sign-posts,  awnings, 
awning-posts,  horse-troughs,  telegraph-posts,  trolley  poles, 
electric  light  poles,  telegraph  wires,  electric  light  wires,  and  for 
any  and  all  other  purposes,  and  to  prohibit  the  erection  of  any 
posts,  poles  or  wires,  and  to  compel  the  removal  of  any  posts, 
poles  or  wires  in,  over  or  above  any  street,  sidewalk  or  highway. 
To  clean  the  streets  and  remove  the  dirt  and  filth  therefrom, 
and  to  prohibit  and  punish  by  ordinance  the  placing  of  any 
dirt,  filth  or  other  matter  therein,  and  to  protect  any  pavement 
by  prohibiting  the  travel  thereon.  To  erect  lamps  in  any  of 
the  streets,  lanes  or  alleys  of  said  City,  and  cause  the  same  to 
be  lighted  at  the  expense  of  the  City.  To  regulate  the  use  of 
streets,  lanes  or  alleys  in  said  City,  by  railway  or  other  tracks, 
gas  or  other  pipes,  telegraph,  telephone,  electric  light  or  other 
wires  and  poles,  in,  under,  over  or  upon  the  same,  and  to 
require  all  such  wires  to  be  placed  under  ground  after  such 
reasonable  notice  as  it  may  prescribe.  To  provide  a  series  of. 
conduits  under  the  streets,  lanes  and  alleys  of  said  City,  or 
any  part  or  parts  thereof,  for  the  use  of  telephone,  telegraph, 
electric  light  and  other  wires,  either  by  constructing  said  con- 
duits itself  or  authorizing  their  construction  by  such  person  or 
corporation,  upon   such    terms  as  may  be  agreed  upon.     To 


22 

appoint  an  Electrical  Commission,  with  such  powers  and  duties 
as  it  may  deem  proper  or  appropriate  for  carrying  out  the 
aforesaid  provisions  of  this  section  relating  to  conduits.  To 
require  all  such  wires,  or  any  part  or  parts  thereof,  and  the 
poles  carrying  the  same,  to  be  removed  from  the  surface  of  the 
streets,  lanes  or  alleys  of.  said  City,  or  any  part  or  parts 
thereof,  and  to  require  such  wires  to  be  placed  in  such  conduits, 
all  under  such  penalty  as  it  may  prescribe.  To  prescribe  and 
establish  reasonable  i-entals  to  be  paid  by  any  company  or 
person  using  any  of  said  conduits,  by  whomsoever  the  same 
may  be  constructed,  for  the  use  thereof,  and  to  provide  for  the 
collection  of  such  rentals,  in  addition  to  the  ordinary  processes 
by  such  summary  methods  as  it  may  deem  appropriate; 
provided,  however,  that  nothing  contained  in  this  Article  shall 
be  deemed  or  taken  to  modify  or  change,  in  any  manner,  the 
provisions  of  Ordinance  Number  Forty-one,  of  the  Mayor  and 
City  Council  of  Baltimore,  approved  May  9, 1889,  or  the  rights 
and  privileges  granted  thereby  to  the  companies  therein  named 
or  either  of  them.  To  purchase,  with  the  County  Commis- 
sioners of  any  adjoining  or  neighboring  counties  of  said  Cityi 
all  bridges  and  turnpike  roads,  or  am^  portions  thereof,  lead- 
ing toward  said  City,  at  such  times  and  upon  such  terms  as  it 
and  said  County  Commissioners  on  the  one  part,  and  the  owner 
of  such  bridges  and  highways  on  the  other,  may  mutually 
agree,  and  when  so  purchased  all  or  any  of  them'  shall  there- 
after be  free  public  high^vays,  and  as  such  under  the  care  and 
management  of  said  Cit}'  and  said  County  Commissioners,  as 
they  may  respectively  provide  and  stipulate  as  between  them. 
To  exercise,  in  reference  to  opening  streets  and  alleys  through 
Cathedral  Cemetery  or  burial  ground  in  said  City,  all  the 
rights  and  powers  which  it  has,  or  may  hereafter  be  conferred 
upon  it,  in  reference  to  opening  streets,  lanes  or  alleys  in  said 
City.  With  the  County  Commissioners  of  Anne  Arundel 
County,  to  cause  to  be  erected  and  maintained  at  their  joint 
expense  lamps  along  and  on  Light  Street  Bridge,  not  more 
than  seventy-five  yards  apart ;  provided,  that  there  shall  be  at 
least  one  lamp  at  each  end  of  the  draw  of  said  bridge,  and  the 
said  lamps  shall  be  attended  to,  cleaned,  lighted  at  night  and 
extinguished  in  the  morning  by  the  keeper  of  said  bridge. 

Surveyor. — To  prescribe  by  ordinance  the  duties  and  com- 
pensation of  the  City  Surveyor. 


23 


Taxes. — To  levy  annually  upon  the  assessable  property  of 
tlie  City,  by  direct  tax,  with  full  power  to  provide  by  ordinance 
for  collection  of  the  same,  such  sum  of  money  as  may  be 
necessary,  in  its  judgment,  for  the  purpose  of  defraying  the 
expenses  of  said  City  over  and  exclusive  of  all  expenses, 
charges  and  sums  of  money  which  it  is,  or  shall  be,  required 
by  law  to  collect  for  other  purposes  subject  to  the  provisions 
and  limitations  herein  contained.  To  levy  and  collect  taxes 
upon  every  description  of  property-  found  within  the  corporate 
limits  of  said  City,  which  is  now  authorized  by  law  to  levy 
taxes  upon,  for  the  piirpose  of  defraying  the  expenses  of  the 
municipal  government,  whether  the  owners  thereof  reside 
within  or  without  the  limits  of  said  corporation ;  provided  that 
iio  stocks,  bonds,  mortgages,  certificates  or  other  evidences  of 
indebtedness  of  any  bank  or  other  corporation  situate  within 
the  limits  of  said  City,  which  are  owned  or  held  by  persons 
residing  without  said  limits,  shall  be  subject  to  taxatioii  for 
the  purpose  above  set  forth ;  and  provided  further  that  no 
authority  is  given  by  this  section  to  impose  taxes  on  any 
property  which  is  now  or  may  hereafter  be  exempted  from 
taxation  by  any  general  or  special  Act  of  the  General  Assembly 
of  Maryland,  nor  upon  any  property  which  may  be  stored  or 
deposited  in  the  City  of  Baltimore  for  temporary  purposes. 
To  provide  by  general  ordinance,  whenever  it  shall  seem 
expedient  for  the  encouragement  of  the  growth  and  develop- 
ment of  manufactures  and  manufacturing  industry  in  the  said 
City,  for  the  abatement  of  any  or  all  taxes  levied  by  authority 
of  the  said  Mayor  and  City  Council  of  Baltimore,  or  by 
ordinance  thereof,  for  any  of  the  cori3orate  uses  thereof,  upon 
any  mechanical  tools  or  implements,  whether  worked  by  hand 
or  by  steam,  or  other  motive  power,  machinery,  manufacturing 
apparatus  or  engines  owned  by  any  individual,  firm  or  cor- 
poration in  said  City,  and  properly  subject  to  valuation  and 
taxation  therein,  which  said  tools,  implements,  machinery, 
apparatus  or  engines  shall  be  actually  employed  and  used  in  the 
business  of  manufacturing  in  said  City,  and  it  shall  be  the 
duty  of  the  Appeal  Tax  Court  to  make  such  abatements  of 
taxes  levied  as  aforesaid  as  may  be  authorized  and  directed  by 
said  City  by  ordinance  as  aforesaid;  provided  that  such  abate- 
ment shall  be  extended  to  all  persons,  firms  or  corporations 
engaged  in  the  branches  of  manufacturing  industry  proposed 
to  be  benefited  by  any  ordinance  passed  under  the  provisions 
of  this  paragraph  of  this  section ;  provided  further,  that 
application  for  such  abatement  as  aforesaid  shall  be  made  or 


24 


verified  to  tlie  satisfaction  of  said  Court  by  the  oath  of  the 
party  applying  for  the  same,  or  other  satisfactory  evidence, 
Ijefore  the  annual  revision  and  correction  of  the  tax  lists  in 
each  year,  which  said  Appeal  Tax  Court  is  by  law  required  to 
make,  shall  be  completed  and  returned  by  said  Court  to  the 
City  Collector  and  Board  of  Estimates,  and  not  afterwards  ; 
and  said  Court  shall  further  keep  a  record  of  all  abatements 
made  by  it  as  aforesaid,  and  report  in  writing  the  aggregate 
amount  thereof  during  the  year  to  the  said  Mayor  and  City 
Council  of  Baltimore  on  or  before  the  fifteenth  day  of  October 
in  each  year.  To  extend  the  limits  of  direct  taxation  within 
the  said  City,  from  time  to  time,  as  it  shall  deem  expedient. 
To  have  power  to  provide  by  ordinance  or  otherwise  for  the 
prompt  collection  of  taxes  due  the  City,  and  have  power  to  sell 
real  estate,  as  well  as  personal  property,  for  the  payment  of 
taxes. 

Theatrical  and  other  Public  Aimisements. — To  provide  for 
licensing,  regulating  and  restraining  theatrical  or  other  public 
amusements  within  the  Citv  of  Baltimore. 

Water. — To  establish,  operate,  maintain  and  control  a  system 
of  water  supply  for  Baltimore  City,  and  to  pass  all  ordinances 
necessary  in  the  premises.  From  time  to  time  to  contract  for, 
purchase,  lease  and  hold,  in  fee  simple,  or  for  a  term  of  years, 
any  land,  real  estate,  spring,  brook,  water,  watercourse,  and  also 
the  right  to  use  and  occupy,  forever  or  for  a  term  of  years,  any 
land,  real  estate,  spring,  brook,  water  or  Avatercourse  which  it 
may  conceive  expedient  and  necessary  for  the  purpose  of 
conveying  water  into  the  said  City  for  the  use  of  the 
sS,id  City  and  for  the  health  and  convenience  of  the  inhabit- 
ants thereof,  and  also  the  right  to  enter  and  pass  through, 
from  time  to  time,  as  occasion  may  require,  and  to  use  and 
occupy  the  said  lands  through  which  it  uKiy  deem  necessary  to 
convey  the  said  water  ;  and  it  is  hereby  invested  with  all  the 
rights  and  powers  necessary  for  the  introduction  of  water  into 
said  City,  and  to  enact  and  pass  all  ordinances,  from  time  to 
time,  which  shall  be  deemed  necessary  and  proper  to  exercise 
the  powers  and  effect  the  objects  above  specified.  To  contract 
with  individuals,  firms  or  corporations  for  the  use  of  the  water 
of  said  City,  on  such  terms  and  for  such  time  as  it  may  deem 
proper  and  expedient.  The  Mayor  and  City  Council  of  Balti- 
more, or  any  agent  authorized  by  it,  may  agree  with  the  owner 


25 


of  any  land,  real  estate,  spriug,  l)rook,  water  or  watercourse,  as 
aforesaid,  earth,  timber,  stone  or  other  materials  which  it  maj 
conceive  expedient  or  necessary  to  purchase  and  hold,  for  the 
purpose  of  introducing  water  into  the  City  of  Baltimore.  K 
they  cannot  agree,  or  if  there  be  any  incapacity  or  disal)ility 
to  contract  with  the  owner  of  such  land  or  real  estate,  spring, 
brook,  water  or  watercourse  as  aforesaid,  earth,  timber,  stone 
or  other  materials,  or  with  the  owner  of  such  lands  through 
which  the  said  City  may  find  it  necessary  to  have  a  right  of 
entry  and  passage,  for  the  purpose  of  conveying  the  said  water 
into  the  said  City,  or  if  such  owner  should  be  absent,  out  of  the 
State,  or  unknown,  it  shall  be  lawful,  on  application  of  the  City, 
for  any  Justice  of  the  Peace  of  the  county  in  which  said  lands, 
earth  or  other  property  or  materials  as  aforesaid  are  situate,  to 
issue  his  warrant  to  the  Sherifi"  of  said  county,  commanding 
him  to  summon  from  the  said  county  a  jury  of  twenty  free- 
holders, inhabitants  of  said  county,  nnt  related  to  the  owner  or 
persons  interested,  as  aforesaid,  in  the  said  real  estate  or  other 
property,  to  meet  on  the  premises  which  are  to  be  valued,  on 
some  certain  day  to  be  named  in  said  warrant,  of  which  said 
warrant  and  the  day  therein  named  for  the  meeting  of  the 
jury,  twenty  days'  notice  shall  be  given  previous  to  such  day 
by  the  City  to  every  owner  or  person  interested,  as  aforesaid, 
or  if  any  owner  be  an  infant  or  lunatic,  or  feme  covert,  to  his 
or  her  guardian  or  her  husband,  or  in  either  case  left  at  his  or 
her  place  of  abode,  or  if  out  of  the  State  or  unknown,  such 
notice  shall  be  published  not  less  than  eight  weeks  successively 
in  some  one  or  more  of  the  daily  newspapers  of  Baltimore 
City,  and  in  some  one  or  more  of  the  newspapers  of  the  county 
in  which  said  property  may  be  located,  if  any  newspapers  be 
published  in  such  county.  From  the  list  of  jurors  so  returned 
and  attending,  the  person,  the  condemnation  of  whose  property 
may  be  desired,  may  strike  four,  and  the  said  City  may  strike 
four,  so  that  the  number  of  jurors  be  reduced  to  twelve,  and 
in  case  either  party  shall  neglect  or  refuse  to  strike  off  the 
names  of  jurors,  then  it  shall  be  the  duty  of  the  Sheriff  or  his 
deputy,  who  shall  attend  as  hereinbefore  directed,  to  strike  off 
jurors  for  the  party  so  refusing  or  neglecting,  so  that  the 
number  of  jurors  be  reduced  to  twelve,  as  aforesaid.  The 
jurors  so  remaining  shall  inquire  into,  assess  and  ascertain  the 
sum  of  money  to  be  paid  by  the  said  City  for  the  land,  spring, 
brook,  water  rights  or  other  property  which  it  may  deem 
necessary  to  purchase  and  hold  or  use  for  the  purpose  afore- 
said.    Before  the  said  jury  act  as  such  the  said  Sheriff"  or  hist 


26 


deputy  shall  administer  to  each  of  them  an  oath  that  he  will 
justly  and  impartially  value  the  damages  which  the  owners  or 
parties  holding  an  interest  therein  will  sustain  by  the  use  and 
occupation  of  said  property  by  the  City.  The  said  jury  shall 
reduce  their  inquisition  to  writing  and  shall  sign  and  seal  the 
same,  and  it  shall  then  be  returned  bv  said  Sheriff  to  the 
Clerk  of  the  Circuit  Court  for  said  county,  and  be  filed  by  such 
clerk  in  his  office,  and  shall  be  confirmed  by  said  court  at  its 
next  session,  if  no  sufficient  cause  to  the  contrary  be  shown ; 
and  when  confirmed  shall  be  recorded  by  the  said  clerk  at 
the  expense  of  the  City.  If  not  confirmed,  the  said  court 
may  direct  another  inquisition  in  the  manner  above  described. 
From  any  decision  on  matter  of  law  made  by  said  court  on  a 
hearing  for  confirmation,  an  appeal  may  be  taken  to  the  Court 
of  Appeals  ;  provided,  that  such  appeal  l)e  taken  within  ten 
days  after  such  decision  shall  be  made,  and  the  Court  of  Appeals 
may  award  costs  to  either  party  in  its  discretion.  The  inqui- 
sition shall  describe  the  property  taken  or  the  bounds  of 
the  land  condemned,  and  the  quantity  or  duration  of  the  inter^ 
est  in  the  same,  valued  to  the  City  ;  and  such  valuation,  when 
paid  or  tendered  to  the  owner  of  said  property,  or  his  legal 
representative,  shall  entitle  the  City  to  the  use,  estate  and 
interest  in  the  same  thus  valued,  as  fully  as  if  it  had  been 
conveyed  by  the  owner  of  the  same  ;  and  the  valuation,  if  not 
received  when  tendered,- may  at  any  time  thereafter  be  received 
from  the  City,  without  interest,  by  the  said  owner  or  his  legal 
representative.  If  the  twenty  jurors  summoned  as  aforesaid 
shall  not  appear  at  the  time  and  place  as  aforesaid  the  Sheriff 
or  his  deputy,  as  the  case  may  be,  shall  forthwith  summon 
other  freeholders  of  the  county,  from  the  bystanders  or  others 
qualified  as  aforesaid,  to  make  up  the  said  jury  to  the  number 
of  twelve.  The  jurors  so  summoned  and  attending  shall  be 
allowed  the  same  compensation  as  is  allowed  to  the  jurors  in 
the  Circuit  Court  for  the  county,  and  the  sheriff  shall  be 
allowed  similar  fees  as  are  allowed  by  law  for  the  summoning 
jurors  to  attend  the  Circuit  Court  for  the  county,  and  also  a  per 
diem  of  two  dollars  for  every  day  he  or  his  deputy  shall  be  in 
attendance  upon  an  inquisition;  and  such  expenses  shall  be 
paid  by  the  City,  except  in  cases  of  objections  to  the  confirma- 
tion of  inquisitions  before  the  Circuit  Court,  when  the  costs  in 
said  Court  may  be  awarded  in  the  discretion  of  tlie  Court.  For 
the  purpose  of  defraying  all  the  expenses  and  costs  of  said 
lands,  waters  and  water  rights  as  shall  have  been  taken  for 
the  purposes  aforesaid,  and  of  constructing  all  works  necessary 


I 


27 


to  the  accomplishment  of  said  purposes,  and  all  expenses 
incident  thereto,  the  said  Citv  shall  have  authority,  in  the 
name  of  the  City,  to  issue  certificates  of  debt,  to  be  denomi- 
nated on  the  face  Baltimore  Water  Stock,  to  an  amount  not 
exceeding  five  million  dollars,  bearing  interest  not  exceeding 
six  per  cent,  per  annum,  and  to  provide  by  ordinance  for  the 
redemption  of  the  same  at  a  certain  time,  and  under  such  pro- 
visions as  the  City  may  deem  expedient  and  proper.  The  said 
City  is  authorized  and  empowered  to  assess  rates  for  the 
supply  and  use  of  water  at  any  point  in  Baltimore  City  and 
County,  and  also  to  enforce  payment  for  the  use  of  water, 
and  other  expenses  incurred  in  the  introduction  of  water  from 
the  water  mains,  according  to  the  rates  established  by  the  said 
City,  said  payments  to  be  enforced  by  the  same  process  that 
City  or  State  taxes  are  collected,  or  that  may  be  collected  by 
process  before  a  Justice  of  the  Peace,  or  in  any  of  the  Courts 
of  the  City  of  Baltimore  having  jurisdiction  in  such  cases.  The 
Siid  City  is  authorized  and  empowered  to  appoint  watchmen 
Or  such  police  force  as  may  be  necessary  for  the  protection 
of  its  water  works  in  the  City  and  County  of  Baltimore,  and 
to  impose  fines  and  penalties  for  interference  with  or  injury  to 
thd  works  or  their  appendages.  To  prevent  the  water  from 
being  obstructed  or  contaminated,  and  to  prohibit  all  meddling 
or  tampering  with  the  water  works  and  their  appurtenances ; 
said  fines  and  penalties  shall  be  enforced  and  collected  as 
other  fines  and  penalties  are  enforced  and  collected  by  law.  To 
issue  bonds  or  certificates  of  indebtedness  to  an  amount  not 
exceeding  one  million  dollars,  from  time  to  time,  as  the  same 
may  be  required,  payable  at  such  time  and  bearing  such  rate 
of  interest  not  exceeding  five  per  cent,  per  annum,  as  the  said 
City  shall  provide  by  ordinance,  the  proceeds  of  the  said 
bonds  or  certificates  of  indebtedness  to  be  applied  to  the  pur- 
pose of  constructing  and  completing  Lake  Clifton,  as  proposed 
to  be  constructed  on  the  line  of  the  work  of  the  introduction 
of  the  water  of  the  Gunpowder  Falls  to  the  City  of  Baltimore, 
and  for  the  acquisition  of  the  necessary  land  in  Baltimore 
County,  whereon  to  locate  one  or  more  reservoirs,  and  for  the 
construction  of  said  reservoir  or  resei'voirs,  and  for  obtaining 
such  pumping  machinery  as  may  be  necessary  in  connection 
therewith,  and  for  procuring  and  laying  of  iron  pipes  or  mains 
for  the  purpose  of  distributing  said  water  to  the  inhabitants 
of  said  City  ;  provided,  however,  that  the  said  bonds  or  certifi- 
cates of  indebtedness  shall  not  be  issued  until  the  ordinance 
which  the  City  is  aiithorized  to  enact  for  such  issue  shall  be 


28 

approved  bj  a  majority  of  the  legal  voters  of  Baltimore  Citj, 
at  the  time  and  place  to  be  appointed  by  said  ordinance  in  the 
provision  for  submitting  the  same  to  the  legal  voters  of  said 
City,  as  required  by  section  7  of  Article  XI  of  the  Constitu- 
tion of  the  State.  Before  the  City  shall  lay  any  water  pipes 
along  any  street,  road,  lane  or  avenue  in  the  territory  annexed 
to  the  City  of  Baltimore  under  the  provisions  of  the  Act 
of  1888,  chapter  98,  upon  which  the  Catonsville  Water  Com- 
pany has  laid  its  pipes  and  other  water  appliances,  the  said 
City  shall,  if  said  company  desires  to  surrender  said  pipes 
and  water  appliances  in  such  street,  road,  lane  or  avenue,  to 
the  City,  pay  to  the  said  company  the  fair  value  of  its  water 
pipes  and  other  water  appliances  constructed  in  said  street, 
lane,  road  or  avenue,  and  such  actual  damages  to  the  said 
company  as  shall  be  caused  by  the  acquisition  of  said  pipes 
and  appliances  by  the  City  ;  and  the  amount  so  to  be  paid,  if 
the  said  company  and  the  said  City  cannot  agree  in  reference 
thereto,  shall  be  ascertained  by  a  majority  of  a  board  of  three 
arbitrators,  one  to  be  appointed  by  the  City,  and  one  by  said 
company,  and  the  two  arbitrators  thus  appointed  shall  appoint 
the  third  arbitrator ;  and  if  they  cannot  agree  upon  such  third 
arbitrator  the  latter  shall  be  appointed  by  the  Governor  of  the 
State ;  provided,  whenever  the  Mayor  and  City  Council  of 
Baltimore  shall  extend  its  water  mains  for  the  purpose  of 
supplying  water  therein  into  the  territory  of  Baltimore  County 
previously  occupied  by  some  other  water  company  then  sup- 
plying water  to  residents  of  such  locality,  said  Mayor  and 
City  Council  of  Baltimore,  before  it  shall  supply  water  to 
users  in  said  territory,  shall  purchase  or  condemn  the  water 
pipes  and  rights  of  said  local  water  company.  To  purchase 
all  the  property,  rights,  estates  and  privileges  of  any  chartered 
company  authorized  to  introduce,  or  which  may  hereafter  be 
authorized  to  introduce,  water  into  said  City,  upon  such  terms 
as  may  be  agreed  upon  by  the  City,  and  such  corporation  or 
corporations,  in  the  manner  prescribed  in  their  respective 
charters,  or  in  the  absence  of  such  provisions,  as  shall  be 
agreed  upon  by  the  said  City  and  such  corporation  or  corpo- 
rations ;  and  such  corporation  is  authorized  to  execute  a  con- 
veyance to  the  City  of  all  the  franchises  and  property  of  said 
corporation ;  and  all  such  rights,  privileges  and  franchises 
shall  be  vested  in  the  Mayor  and  City  Council  of  Baltimore, 
to  be  held,  exercised  and  enjoyed  by  the  said  City  as  fully  in 
every  respect  as  might  or  could  have  been  done  by  any  such 
corporation  or  corporations  under  their  respective  charters. 


'29 


Welfare  and  Other  Powers. — TLe  foregoing  or  other  enumer- 
ation of  powers  in  this  Article  shall  not  be  held  to  limit  the 
power  of  the  Mayor  and  City  Council  of  Baltimore,  in  addition 
thereto  to  pass  all  ordinances  not  inconsistent  Avith  the  provis- 
ions of  this  Article  or  the  laws  of  the  State  as  may  be  proper 
in  executing  any  of  the  powders,  either  express  or  implied, 
enumerated  in  this  section  and  elsewdiere  in  this  Article,  as 
well  as  such  ordinances  as  it  may  deem  expedient  in  maintain- 
ing the  peace,  good  government,  health  and  welfare  of  the  City 
of  Baltimore ;  and  it  may  provide  for  the  enforcement  of  all 
such  ordinances  by  such  penalties  and  imprisonments  as  may 
be  prescribed  by  ordinance ;  but  no  fine  shall  exceed  five  hun- 
dred dollars,  nor  imprisonment  exceed  twelve  months  for  any 
offense. 

Franchises. 

7.  The  title  of  the  Mayor  and  City  Council  of  Baltimore,  in 
and  to  its  water  front,  wharf  property,  land  under  water,  public 
landings,  wharves,  docks,  highways,  avenues,  streets,  lanes, 
alleys  and  parks,  is  hereby  declared  to  be  inalienable. 

8.  The  Mayor  and  City  Council  of  Baltimore  may  grant  for 
a  limited  time,  and  subject  to  the  limitations  and  conditions 
contained  in  this  Article,  specific  franchises  or  rights  in  or 
relating  to  any  of  the  public  property  or  places  mentioned  in  the 
preceding  section ;  provided,  that  such  grant  is  in  compliance 
with  the  requirements  of  this  Article  and  that  the  terms  and 
conditions  of  the  grant  shall  have  first  been  authorized  and  set 
forth  in  an  ordinance  duly  passed  by  the  City.  Every  such 
grant  shall  specifically  set  forth  and  define  the  nature,  extent 
and  duration  of  the  franchise  or  right  thereby  granted,  and  no 
franchise  or  right  shall  pass  by  implication  under  any  such 
grant;  and  notwithstanding  any  such  grant  the  Mayor  and  City 
Council  of  Baltimore  shall  at  all  times  have  and  retain  the 
power  and  right  to  reasonably  regulate  in  the  public  interest 
the  exercise  of  the  franchise  or  right  so  granted ;  and  the  said 
Mayor  and  City  Council  of  Baltimore  shall  not  have  power  by 
grant  or  ordinance  to  divest  itself  of  the  right  or  power  to  so 
regulate  the  exercise  of  such  franchise  or  right. 

9.  No  franchise  or  right  in  relation  to  any  highway,  avenue, 
street,  lane  or  alley,  either  on,  above  or  below^  the  surface  of 
the  same,  shall  be  granted  by  the  Mayor  and  City  Council  of 
Baltimore  to  any  person   or  corporation  for  a  longer  period 


30 

than  twenty-five  years,  but  such  grant  may,  at  the  option 
of  the  City,  provide  for  giving  to  the  grantee  the  right,  on  a 
fair  re-vahiation,  including  in  such  re-valuation  the  value 
derived  from  the  said  franchise  or  right,  to  renewals  not 
exceeding  in  the  aggregate  twenty-five  years.  Such  grant 
may  provide  that  upon  the  termination  of  the  said  franchise 
or  right  granted  by  the  City,  the  plant,  as  well  as  the  property 
of  the  grantee  situated  in,  above  or  under  the  highways,  ave- 
nues, streets,  lane  or  alleys  aforesaid,  with  its  appurtenances, 
shall  thereupon  be  and  become  the  property  of  the  City,  with- 
out further  or  other  compensation  to  the  grantee  ;  or  such  grant 
may  provide  that  upon  such  determination,  there  shall  be  a 
fair  valuation  of  the  plant  and  property,  which  shall  be  and 
become  the  property  of  the  City  at  its  election,  on  paying  the 
grantee  said  valuation.  If,  by  virtue  of  the  grant,  the  plant 
and  property  are  to  become  the  property  of  the  City,  without 
money  payment  therefor,  the  City  shall  have  the  option,  either 
to  take  and  operate  the  said  property  on  its  own  account,  or  to 
renew  the  said  grant  for  not  exceeding  twenty-five  years  on  a 
re-valuation,  or  sell  the  same  to  the  highest  bidder  at  public 
sale.  If  the  original  grant  shall  prescribe  that  the  Mayor  and 
City  Council  of  Baltimore  shall  at  its  election  make  payment 
for  such  plant  and  property,  such  payment  shaU  be  at  a  fair 
valuation  of  the  same  as  property,  excluding  any  value  derived 
from  the  franchise  or  right,  and  if  the  City  shall  make  paym  ent 
for  such  plant  and  property,  it  may,  in  that  event,  operate  ''he 
plant  and  property  on  its  own  account  for  five  years,  after  which 
it  may  determine  either  to  continue  such  operation  on  its  own 
account  or  to  lease  the  said  plant  and  property  and  the  said 
franchise  or  right  to  use  the  highways,  avenues,  streets,  lanes 
and  alleys  or  other  public  property  in  connection  therewith,  for 
limited  periods,  under  such  rules  and  regulations  as  it  may 
prescribe,  or  to  sell  the  plant  and  property  to  the  highest 
bidder  at  public  sale.  Every  grant  of  any  such  franchise  or 
right  shall  make  provision,  by  way  of  forfeiture  or  otherwise, 
of  the  grant  for  the  pvirpose  of  compelling  compliance  with  the 
terms  of  the  grant,  and  to  secure  efficieny  of  public  service  at 
reasonable  rates,  and  the  maintenance  of  the  property  in  good 
condition,  throughout  the  full  term  of  the  grant.  The  grant 
shall  also  specify  the  mode  of  determining  the  valuations  and 
re-valuations  which  may  be  provided  for  therein. 

10.   Before  any  grant  of  the  franchise  or  right  to  use  any 
highway,  avenue,  street,  lane  or  alley,  or  other  public  prop- 


31 


erty,  either  on,  above  or  below  the  surface  of  the  same  shall  be 
made,  the  proposed  specific  grant,  except  as  provided  in  the 
proviso  to  Section  37  of  this  Article,  embodied  in  the  form  of 
a  brief  advertisement,  prepared  by  the  Board  of  Estimates,  at 
the  expense  of  the  applicant,  shall  be  published  by  the  Comp- 
troller for  at  least  three  days  in  one  daily  newspaper  published 
in  Baltimore  City  to  be  designated  by  the  Board  of  Estimates, 
and  all  the  provisions  of  Section  37  of  this  Article  shall  be 
complied  with. 

11.  When  the  grant  of  a  franchise  or  right  is  made  in  com- 
pliance with  the  aforegoing  section,  the  Mayor  and  City 
Council  of  Baltimore  shall  not  part  with,  but  shall  expressly 
reserve  the  right  and  duty,  at  all  times,  to  exercise,  in  the 
interest  of  the  public,  full  municipal  superintendence,  regula- 
tion and  control,  in  respect  to  all  matters  connected  with  said 
grant  and  not  inconsistent  with  the  terms  thereof. 

12.  Sections  8,  9,  10  and  11  of  this  Article  shall  apply  to 
any  renewal  or  extension  of  the  grant  or  leasing  of  the  property 
to  the  same  grantee  or  to  others. 

13.  Nothing  contained  in  this  Article  shall  prevent  the 
Mayor  and  City  Council  of  Baltimore  from  disposing  of  any 
building  or  parcel  of  laud  no  longer  needed  for  public  use ; 
provided,  that  such  disposition  shall  be  approved  by  the  Finance 
Commissioners  by  their  uniting  in  the  conveyance  thereof,  and 
shall  be  made  at  public  sale,  and  be  provided  for  by  ordinance  ; 
nor  to  the  renting  for  fixed  and  limited  terms  of  any  of  its  prop- 
erty not  needed  for  public  purposes,  on  approval  of  the  Com- 
missioners of  Finance. 

Contracts  With  the  City. 

14.  Hereafter  in  contracting  for  any  public  work  or  the 
purchase  of  any  supplies  or  materials  involving  an  expenditure 
of  five  hundred  dollars  or  more  for  the  City,  or  by  any  of  the 
City  departments,  sub-departments  or  municipal  ofiicers  not 
embraced  in  a  department,  or  special  commissions  or  boards, 
unless  otherwise  provided  for  in  this  Article,  proposals  for  the 
same  shall  be  first  advertised  for,  in  two  or  more  daily  news- 
papers published  in  Baltimore  City,  for  not  less  than  ten  nor 
more  than  twenty  days,  and  the  contract  for  doing  said  work 
or  furnishing  said  supplies  or  materials,  shall  be  awarded  by  the 
Board  provided  for  in  the  next  section  of  this  Article,  and  in 
the  mode  and  manner  as  therein  prescribed. 


32 


15.  All  bids  made  to  the  Mayor  and  City  Council  of  Balti- 
more for  supplies  or  work  for  any  purpose  whatever,  unless 
otherwise  provided  in  this  Article,  shall  be  opened  by  a  Board, 
or  a  majority  of  them,  consisting  of  the  Mayor,  who  shall  be 
President  of  the  same ;  the  Comptroller,  City  Eegister,  City 
Solicitor,  and  President  of  the  Second  Branch,  which  Board, 
or  a  majority  of  them,  shall,  after  opening  said  bids,  award  the 
contract  to  the  lowest  responsible  bidder.  The  successful 
bidder  shall  promptly  execute  a  formal  contract  to  be  approved 
as  to  its  form,  terms  and  conditions  by  the  City  Solicitor,  and 
he  shall  also  execute  and  deliver  to  the  Mayor  a  good  and 
sufficient  bond  to  be  approved  by  the  Mayor  in  double  the 
amount  of  the  contract  price.  To  all  such  bids  there  shall  be 
attached  a  certified  check  of  the  bidder,  and  the  bidder  who 
has  had  the  contract  awarded  to  him,  and  who  fails  to  promptly 
and  properly  execute  the  required  contract  and  bond,  shall 
forfeit  said  check.  The  said  check  shall  be  taken  and  con- 
sidered as  liquidated  damages,  and  not  a  penalty,  for  failure  of 
said  bidder  to  execute  said  contract  and  bond.  Upon  the 
execution  of  said  contract  and  bond  by  the  successful  bidder, 
the  said  check  shall  be  returned  to  him.  The  amount  of  said 
check  shall  be  five  hundred  dollars,  unless  otherwise  provided 
by  ordinance,  or  an  order  or  regulation  of  the  department  for 
whose  use  the  bids  are  made  and  contract  entered  into.  The 
checks  of  the  unsuccessful  bidders  shall  be  returned  to  them 
after  opening  the  bids  and  awarding  the  contract  to  the 
successful  bidder. 

MAYOR. 

16.  The  inhabitants  of  the  City  of  Baltimore  qualified  to 
vote  for  members  of  the  House  of  Delegates  shall,  on  the 
Tuesday  next  after  the  first  Monday  in  May,  eighteen  hundred 
and  ninety-nine,  and  on  the  same  day  and  month  in  every 
fourth  year  thereafter,  elect  by  ballot  a  person  of  known 
integrity,  experience  and  sound  judgment,  over  twenty-five 
years  of  age,  a  citizen  of  the  United  States,  and  five  years  a 
resident  of  said  City  next  preceding  the  election,  and  assessed 
with  property  in  said  City  to  the  amount  of  tvv^o  thousand 
dollars,  and  who  has  paid  taxes  thereon  for  two  years  preced- 
ing his  election,  to  be  Mayor  of  the  City  of  Baltimore  ;  but 
the  Mayor  chosen  at  the  first  election  under  this  section  shall 
not  enter  upon  the  discharge  of  the  duties  of  the  office  until 
the  expiration  of  the  term  for  which  the  present  Mayor  was 
elected ;  unless  the  said  office  of  Mayor  shall  become  vacant 


33 

by  death,  resignation,  removal  from  the  State  or  other  disqual- 
ification of  the  present  Mayor. 

17.  Prior  to  every  municipal  election,  as  provided  for  in 
this  Article,  there  shall  be,  on  the  first  and  second  Mondays  of 
April,  a  supplementary  registration  of  voters  of  Baltimore  City, 
which  registration  shall  be  under  the  supervision  of  the  Super- 
visors of  Election,  and  conducted  in  conformity  with  the  pro- 
visions of  the  law  then  in  force  relating  to  the  registration  of 
voters.  On  each  day  of  said  registration  the  registers  shall 
revise  the  list  of  registered  voters  made  at  their  last  regular 
sitting,  by  adding  the  names  of  those  persons  who  are  entitled 
to  registration  at  that  time,  and  striking  from  said  registration 
lists  the  names  of  those  persons  who  have  died  or  become 
disqualified  since  the  said  last  sitting,  and  the  registration  lists 
used  at  the  preceding  November  election,  after  being  revised 
as  herein  directed,  shall  be  used  at  the  municipal  election  in 
May. 

18.  In  case  of  vacancy  in  the  office  of  Mayor,  by  death, 
resignation  or  permanent  disqualification,  the  President  of  the 
Second  Branch  of  the  City  Council  shall  be  Mayor  for  the  resi- 
due of  the  term  for  which  said  Mayor  was  elected. 

19.  In  case  of  sickness  or  necessary  absence  of  the  Mayor, 
the  President  of  the  Second  Branch  of  the  City  Council  shall 
be  ex  officio  Mayor  of  the  City  during  the  continuance  of  said 
sickness  or  necessary  absence. 

20.  The  term  of  the  Mayor  shall  commence  on  the  Tues- 
day next  after  the  third  Monday  of  May  succeeding  his  elec- 
tion, and  continue  for  four  years,  and  until  his  successor  shall 
be  elected  and  qualified,  and  he  shall  receive  a  salary  of  six 
thousand  dollars  per  annum,  payable  monthly.  He  may 
appoint  such  persons  to  aid  him  in  the  discharge  of  his  duties 
as  may  be  prescribed  by  ordinance. 

21.  The  Mayor,  by  virtue  of  his  office,  shaU  have  all  the 
jurisdiction  and  power,  as  a  conservator  of  the  peace,  of  a 
Justice  of  the  Peace,  and  may  call  upon  any  ofiicer  of  the  City 
entrusted  with  the  receipt  or  expenditure  of  public  money,  for 
a  statement  of  his  account  as  often  as  he  may  think  necessary, 
and  may  at  any  time  by  expert  accountants  and  bookkeepers 

3 


34 

examine  the  books  and  accounts  of  any "  department,  sub- 
department,  municipal  board,  officer,  assistant,  clerk,  subordi- 
nate or  employee. 

22.  The  Mayor  shall  see  that  the  ordinances  and  resolu- 
tions are  duly  and  faithfully  executed,  and  shall  report  to  the 
City  Council,  as  soon  as  practicable  after  the  lirst  day  of  Jan- 
uary in  each  year,  the  general  state  of  the  City,  with  an 
accurate  account  of  the  money  received  and  expended,  to  be 
published  for  the  information  of  the  citizens.  He  shall  have 
general  supervision  over  all  departments,  sub-departments, 
municipal  officers  not  embraced  in  a  department  and  special 
commissioners  or  boards. 

23.  All  ordinances  or  resolutions  duly  passed  by  the  City 
Council,  after  being  properly  certified  by  the  Presidents  of  the 
First  and  Second  Branches  of  the  City  Council  as  having  been 
so  passed,  shall  be  delivered  by  the  Clerk  of  the  Branch  in 
which  the  same  originated,  to  the  Mayor  for  his  approval,  and 
there  shall  be  noted  on  said  ordinances  or  resolutions  the  date 
of  said  delivery ;  and,  when  approved  by  him,  they  shall 
become  ordinances  or  resolutions  of  the  Mayor  and  City 
Council  of  Baltimore.  If  the  Mayor  shall  not  approve  of  any 
ordinance  or  resolution  so  passed  by  the  City  Council  he  shall 
return  the  same  with  his  objections  in  writing  to  the  Branch 
in  which  the  said  ordinance  or  resolution  originated,  within  five 
days  of  actual  regular  sittings  of  said  Branch,  excluding  special 
sittings  called  by  the  Mayor,  occurring  after  such  delivery  of 
said  ordinance  or  resolution  to  him,  which  objections,  upon 
receipt  of  the  same  by  said  Branch,  shall  be  forthwith  read  to 
such  Branch  and  entered  at  large  on  its  Journal ;  and  such 
Branch  shall,  after  five  days  and  within  ten  days  after  such 
ordinance  or  resolution  shall  have  been  returned  to  it  by  the 
Mayor,  proceed  to  reconsider  and  vote  upon  the  same.  If  such 
ordinance  or  resolution  shall,  after  reconsideration,  be  again 
passed  by  three-fourths  of  all  the  members  elected  to  said 
Branch  it  shall  be  forthwith  sent,  with  the  objections  of  the 
Mayor,  to  the  other  Branch,  and  after  five  days  and  within  ten 
days,  after  it  is  so  sent,  it  shall  likewise  be  reconsidered  and 
voted  upon  also  by  said  other  Branch,  and  if  passed  by  a  vote 
of  three-fourths  of  all  the  members  elected  to  said  other 
Branch  it  shall  be  and  become,  to  all  intents  and  purposes,  an 
ordinance  or  resolution  of  the  Mayor  and  City  Council  of 
Baltimore.     In  such  cases,  after  said  reconsideration,  the  votes 


35 


on  the  question  of  the  passage  of  such  ordinance  or  resohition 
over  the  veto  of  the  Mayor  shall  be  determined  bj  yeas  and 
nays,  and  the  names  of  the  persons  voting  for  and  against  the 
passage  of  said  ordinance  or  resolution  over  the  veto  of  the 
Mayor  shall  be  entered  on  the  respective  Journals  of  each 
Branch  of  the  City  Council.  If  any  ordinance  or  resolution 
duly  passed  by  the  City  Council  shall  not  be  returned  by  the 
Mayor  to  the  Branch  of  the  City  Council  in  which  the  same 
originated  within  five  days  of  its  actual  regular  sittings, 
excluding  special  sittings  called  by  the  Mayor,  after  it  shall 
have  been  delivered  to  him,  the  same  shall  become  an  ordinance 
or  resolution  of  the  Mayor  and  City  Council  of  Baltimore  in 
the  same  manner  as  if  the  Mayor  had  approved  it,  unless  the 
City  Council  by  an  adjournment  suie  die,  or  for  a  period  exceed- 
ing one  month,  shall  prevent  its  return.  In  case  an  ordinance 
or  resolution  duly  passed  by  the  City  Council  shall  embrace 
different  items  of  appropriation,  the  Mayor  may  approve  the 
provisions  thereof  relating  to  one  or  more  items  of  appropria- 
tion and  disapprove  tiie  others,  and  in  such  case  those  he  shall 
approve  shall  become  effective  and  those  which  he  shall 
not  approve  shall  be  reconsidered  in  manner  and  form  as 
hereinbefore  prescribed  in  this  section,  by  both  Branches  of 
the  City  Council,  and  shall  become  effective  if  again  passed 
over  the  veto  of  the  Mayor  by  the  vote  as  above  pre- 
scribed for  the  passage  over  the  veto  of  the  Mayor  of  entire 
ordinances  or  resolutions.  The  mode  and  manner  of  procedure 
of  both  Branches  of  the  City  Council  and  of  the  Mayor  in  the 
matter  of  the  veto  of  one  or  more  distinct  items  of  appropria- 
tion in  any  ordinance  or  resolution  shall  be  the  same  as  the 
mode  and  manner  of  procedure  prescribed  in  this  section  for 
the  passage  of  an  entire  ordinance  or  resolution  over  the  veto 
of  the  Mayor. 

24.  The  Mayor  shall  summon  all  the  heads  of  departments 
to  a  conference  on  municipal  matters  at  least  once  in  each  fiscal 
year,  and  oftener,  if  he  thinks  the  public  interests  will  be 
promoted  thereby,  and  every  head  of  department  shall  report 
to  him,  orally  or  in  writing,  as  he  may  prefer,  once  in  every 
month. 

25.  The  Mayor  shall  have  the  sole  power  of  appointment  of 
all  heads  of  departments,  heads  of  sub-departments,  municipal 
ofiicers  not  embraced  in  a  department  and  all  special  commis- 
sioners or  boards,  except  as  othewise  provided  in  this  Article, 


36 

subject  to  confirmation  by  a  majority  vote  of  all  the  menbers 
elected  to  the  Second  Branch  of  the  City  Council ;  provided, 
said  Second  Branch  shall  take  action  on  such  nomination 
within  the  first  three  regular  succeeding  sittings  of  said  Branch 
after  said  nominations  are  sent  to  it  by  the  Mayor.  If  the 
Branch  fails  to  take  such  action  within  said  time,  then  the 
person  or  persons  so  nominated  shall  be  to  all  intents  and 
purposes  such  officer  or  officers  as  if  they  had  been  confirmed 
by  said  Second  Branch.  If  said  Second  Branch  shall,  by  the 
required  vote  and  in  the  prescribed  time,  refuse  to  confirm 
such  nominations,  the  Mayor  shall,  within  the  next  three  regu- 
lar succeeding  sittings  of  said  Branch,  send  to  it  other  name 
or  names  for  such  office  or  offices,  and  the  duties  of  said 
Second  Branch  and  the  Mayor  shall  continue  to  be  as  above 
prescribed  until  a  confirmation  is  had  or  a  fnilure  to  act  for 
three  regular  succeeding  sittings  by  the  said  Second  Branch 
occurs.  The  Mayor  shall  have  the  power  to  remove  at  pleasure, 
during  the  first  six  months  of  their  respective  terms,  the  heads 
of  all  departments  or  members  thereof,  heads  of  sub-depart- 
ments, or  members  thereof,  municipal  officers  not  embraced  in 
a  department  and  special  commissions  or  boards,  or  members 
thereof,  appointed  by  him,  but  after  six  months  the  Mayor 
shall  only  remove  said  officials  for  cause,  after  charges  preferred 
against  them,  notice  given  and  trial  had  Vjefore  the  Mayor. 
The  terms  of  all  municipal  officials  appointed  by  the  Mayor 
shall  }je  four  years,  unless  (otherwise  provided  for 'in  this  Article. 
All  municipal  officials  who  are  appointed  by  the  Mayor  shall 
be  appointed  in  the  montli  of  September  succeeding  his 
election,  and  enter  into  their  respective  offices  on  the  first 
Monday  in  October,  immediately  following  their  respective 
^  appointments,  or  as  soon  thereafter  as  their  appointments 
have  been  confirmed,  as  above  provided,  if  appointed  or 
confirmed  subsequent  thereto ;  but  the  Mayor  first  chosen 
under  this  Article  shall  appoint  said  officials  in  the  month  of 
February  succeeding  his  election,  subject  to  confirmation  by 
the  Second  Branch  of  the  City  Council,  and  they  shall  enter 
upon  their  duties  on  the  succeeding  first  *of  March,  and  shall 
hold  office  until  their  successors  under  the  provisions  of  this 
Article  are  appointed  and  qualified,  unless  sooner  removed 
under  the  provisions  of  this  Article.  All  municipal  officials, 
boards  and  commissioners  in  office  under  the  Mayor  and  City 
Council  of  Baltimore,  upon  the  date  of  the  passage  of  this 
Article,  unless  otherwise  provided  in  this  Article,  shall  hold 
their  respective  offices  under  existing  laws  and  ordinances,  the 


37 


same  as  if  this  Article  had  not  been  passed,  until  their  succes- 
sors are  appointed,  as  provided  in  this  section,  in  February 
nineteen  hundred ;  they  shall  be  subject  to  removal,  as  pro- 
vided in  said  laws  and  ordinances,  and  all  vacancies  occurring 
in  said  offices  shall  be  filled  as  now  provided  for  in  said  exist- 
ing laws  and  ordinances ;  said  municipal  officials,  boards  and 
commissioners  shall  perform  the  duties  respectively  now  pre- 
scribed by  existing  laws  and  ordinances  which  are  not  incon- 
sistent with  the  provisions  of  this  Article,  and  they  shall  also 
perform  such  additional  duties  as  may  be  required  to  be  per- 
formed by  such  officers  in  this  Article.  The  Mayor  first 
elected  under  the  provisions  of  this  Article,  shall  organize  the 
municipal  government  of  Baltimore  City,  as  provided  for  in 
said  Article,  and  appoint  the  heads  of  departments,  sub- 
departments,  municipal  officers,  boards  and  commissions  pro- 
vided for  therein,  m  the  month  of  February,  nineteen  hundred. 
All  persons  appointed  by  the  Mayor,  as  well  as  those  munic- 
ipal officials  elected  by  the  people  or  by  the  joint  con- 
vention of  the  City  Council,  shall,  before  entering  upon  the 
discharge  of  their  respective  duties,  qualify  by  taking  before 
the  Mayor  an  oath  to  faithfully  perform  the  duties  of  their 
respective  offices,  and  that  they  will  support  the  Laws  and  Con- 
stitutions of  the  United  States  and  of  the  State  of  Maryland. 
A  test  book  shall  be  kept  by  the  Mayor,  which  shall  be  signed 
at  the  time  of  taking  the  oath  aforesaid  by  said  officials,  and 
after  the  qualification  aforesaid,  the  Mayor  shall  issue  to  the 
said  officials  a  commission  signed  by  himself  with  the  corpo- 
rate seal  attached.  All  vacancies  occurring  in  anj^  of  the  offices 
which  the  Mayor  is  empowered  to  fill,  during  the  recess  of  the 
Second  Branch,  unless  otherwise  provided  in  this  Article,  shall 
be  filled  by  the  Mayor  until  the  next  regular  meeting  of  the 
Second  Branch,  at  which  meeting  the  Mayor  shall  present  the 
name  of  a  person  for  confirmation  to  fill  said  vacancy,  and  the 
mode  and  manner  of  procedure  in  such  a  case  shall  be  the 
same  as  provided  for  in  this  section  for  other  appointments  by 
the  Mayor  and  confirmation  by  the  Second  Branch. 

26.  No  person  shall  at  any  time  hold  more  than  one  office 
yielding  pecuniary  compensation  under  the  Mayor  and  City 
Council  of  Baltimore.  All  municipal  officials,  except  females, 
shall  be  registered  voters  of  the  City  of  Baltimore. 

27.  All  heads  of  departments,  heads  of  sub-departments, 
municipal   officers  not  embraced   in   a  department,  or  special 


210S5  6 


88 

commissions  or  boards,  provided  for  in  this  Article,  shall  hold 
their  offices  until  their  successors  are  appointed  or  elected  and 
qualified. 

28.  The  heads  of  departments,  heads  of  sub-departments^ 
municipal  officers  not  embraced  in  a  department,  and  all  special 
commissions  or  boards  shall  have  the  sole  power  of  appoint- 
ment and  removal  at  pleasure  of  all  deputies,  assistants,  clerks 
and  subordinate  employees  employed  by  them,  unless  other- 
wise provided  in  this  Article. 

29.  All  heads  of  departments  shall  have  the  privilege  of 
the  floor  in  the  First  Branch  of  the  City  Council  at  its  sittings, 
and  shall  be  entitled  to  participate  in  the  discussion  of  matters 
relating  to  their  respective  departments,  but  shall  have  no  vote. 
When  the  head  of  a  department  is  a  Board,  or  composed  of 
more  than  one  person,  the  President  thereof  shall  be  entitled 
to  the  privilege  provided  for  in  this  section. 

30.  The  Mayor,  in  appointing  all  heads  of  departments,, 
sub-departments,  boards  and  commissions  or  members  of  any 
such,  composed  of  more  than  one  person,  shall  appoint  a 
minority  of  the  members  of  each  of  such  bodies  of  persons 
from  a  different  political  party  from  those  forming  the  majority 
of  said  departments,  sub-departments,  boards  and  commissions 
or  members  of  any  such,  and  in  ascertaining  the  political  party 
from  which  such  minority  representatives  shall  be  taken,  he 
shall  select  from  that  party  which  cast  the  next  highest  vote  at 
the  preceding  election. 

EXECUTIVE    DEPAETMENT. 

31.  The  executive  power  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  vested  in  the  Mayor,  the  departments,  sub- 
departments,  municipal  officers  not  embraced  in  a  depai'tment 
herein  provided  for,  and  such  special  commissioners  or  boards 
as  may  hereafter  be  provided  for  by  laws,  or  ordinances  not 
inconsistent  with  this  Article.  All  municipal  officials,  unless 
otherwise  provided  for  by  laws  or  ordinances,  shall  give  bond 
to  the  City  for  the  faithful  discharge  of  their  duties,  to  be 
approved  by  the  Mayor,  and  in  such  penalties  as  may  be  pre- 
scribed by  laws  or  ordinances.  The  Mayor  shall  be  the  chief 
executive  officer  of  the  City,  and  in  addition  to  the  following 
administrative  departments,    sub-departments,   and  municipal 


39 


officers  not  embraced  in  a  department,  tliere  shall  be  such 
assistants,  clerks  and  employees  to  said  departments,  sub-^ 
departments  and  municipal  officers  as  may  be  prescribed  by 
ordinances  not  inconsistent  with  this  Article  not  herein  other- 
wise provided  for.  The  several  heads  of  departments,  heads 
of  sub-departments,  municipal  officers  not  embraced  in  a  depart- 
ment, and  special  commissioners  or  boards,  shall  have  the  power 
to  pass  such  rules  and  regulations,  not  inconsistent  with  the 
laws  or  ordinances,  for  the  government  of  their  respective 
departments  as  they  may  deem  right  and  proper.  All  heads  of 
departments  composed  of  Boards  shall  hold  at  least  one  meet- 
ing every  month  for  the  jjurpose  of  consultation  and  advice, 
and  in  order  to  become  familiar  with  the  business  and  the 
mode  of  conducting  the  same,  of  the  sub-departments  of  their 
respective  departments.  A  record  of  all  the  proceedings  and 
official  acts  of  heads  of  departments  and  sub-departments, 
municipal  officials  and  commissioners  shall  be  kept  in  a  well- 
bound  book,  and  a  certified  copy  of  said  record  or  any  part 
thereof  under  the  corporate  seal  of  the  City  shall  be  admissibl-e 
in  evidence  in  any  Court  of  this  State  as  proof  of  such  record 
or  part  thereof. 

The  said  executive  departments  shall  be  as  follows  : 

I. — Department  of  Finance, 
With  the  following  Sub-Departments  : 

1.  Comptroller. 

2.  Cit}^  Register. 

3.  Board  of  Estimates. 

4.  Commissioners  of  Finance. 

5.  City  Collector. 

6.  Collector  of  Water  Rents  and  Licenses. 

II. — Department  of  Laiv, 
Composed  of 

City  Solicitor. 

III. — Department  of  Fiiblic  Safety, 
With  the  following  Sub-Departments  : 

1.  Board  of  Fire  Commissioners. 

2.  Commissioner  of  Health. 

3.  Inspector  of  Buildings. 

4.  Commissioner  of  Street  Cleaning. 


40 


rV. — Department  of  PuhUc  Improvements, 
With  the  following  Sub-Departments  : 

1.  City  Engineer. 

2.  Water  Board. 

3.  Harbor  Board. 

4.  Inspector  of  Buildings. 

V. — Department  of  Parhs  and  Squares, 

Composed  of 

Board  of  Park  Commissioners. 

yi. — Department  of  Education, 

Composed  of 

Board  of  School  Commissioners. 

Vn. — Department  of  Charities  and  Corrections, 

With  the  following  Sub-Departments  : 

1.  Supervisors  of  City  Charities. 

2.  Visitors  to  the  Jail. 

Vm. — Department  of  Review  and  Assessment, 

With  the  following  Sub-Departments  : 

1.  Appeal  Tax  Court. 

2.  Commissioners  for  Opening  Streets. 

IX. — Division  Embracing  Municipal  Officers    Not   Included    in 

Any  Department. 

1.  City  Librarian. 

2.  Art  Commission. 

3.  Superintendent  of  Lamps  and  Lighting. 

4.  Surveyor. 

5.  Constables. 

6.  Superintendent  of  Public  Buildings. 

7.  Public  Printer. 

Department  of  Finance. 

32.   There  shall  be  a  Department  of  Finance  of  the  Mayor 
and    City    Council  of  Baltimore,   which   shall   consist    of  the 


41 


Comptroller,  City  Eegister,  Board  of  Estimates,  Commisr 
sioners  of  Finance,  City  Collector  and  Collector  of  Water 
Eents  and  Licenses.  The  head  of  said  Department  shall  con- 
sist of  a  Board  of  Finance  composed  of  the  Comptroller,  City 
Eegister,  President  of  the  Board  of  Estimates,  President  of 
the  Commissioners  of  Finance,  City  Collector  and  Collector  of 
Water  Eents  and  Licenses.  This  Board  shall  be  for  consulta- 
tion and  advice,  and  it  shall  have  no  power  to  direct  or  control 
the  duties  or  the  work  of  any  sub-department.  It  sliall  per-^ 
form  such  other  duties  as  may  be  prescribed  by  ordinances  not 
inconsistent  with  this  Article.  The  Comptroller  shall  be  the 
President  of  said  Board.  The  fiscal  year  of  the  Mayor  and 
City  Council  of  Baltimore  shall  begin  on  the  first  day  of  Jan-r 
uary  and  end  on  the  thirty-first  day  of  December  in  every  year. 

33.  The  Comptroller  shall  be  elected  by  the  inhabitants  of 
the  City  of  Baltimore  qualified  to  vote  for  Mayor  on  the  Tues- 
day next  after  the  first  Monday  in  May,  in  the  year  eighteen 
hundred  and  ninety-nine,  and  on  the  same  day  and  month  in 
every  fourth  year  thereafter.  He  shall  be  a  person  possessing 
the  same  qualifications  as  herein  perscribed  for  Mayor.  The 
term  of  the  Comptroller  shall  commence  on  the  Tuesday  next 
after  the  third  Monday  in  May  in  the  year  eighteen  hundred 
and  ninety-nine,  and  continue  for  four  years,  and  until  his  suc- 
cessor is  elected  and  qualified,  and  he  shall  receive  a  salary  of 
three  thousand  five  hundred  dollars  per  annum,  payable  monthly. 

34.  The  Comptroller  shall  be  the  head  of  the  first  sub-depart- 
ment of  Finance,  and  he  shall  appoint  a  Deputy  Comptroller 
and  such  clerks  as  may  be  provided  for  by  ordinance,  including 
one  to  be  known  as  the  Audit  Clerk,  an  another  for  the  collec- 
tion of  harbor  and  wharf  rents,  to  be  known  as  Harbor  Master, 
with  such  assistants  to  him  as  may  be  provided  for  by  ordinance, 
and  another  for  the  collection  of  fees  for  the  inspection  of 
weights  and  measures,  to  be  known  as  the  Lispector  of  W^eight« 
and  Measures,  with  such  assistants  to  him  as  may  be  provided 
for  by  ordinance,  and  another  to  be  known  as  Market  Master, 
with  such  assistants  to  him  as  may  be  provided  by  ordinance. 
The  salary  of  such  Deputy,  assistants  and  clerks  shall  be  fixed 
by  ordinances.  All  of  such  appointees  shall  be  subject  to  the 
written  approval  of  the  Mayor.  The  Comptroller  shall  have 
general  supervision  over  the  financial  matters  of  the  City,  and 
shall  have  oversight  of  all  sub-departments  in  this  department. 


42 


No  claim,  account  or  demand  against  the  City  of  any  kind 
whatsoever  shall  be  paid  unless  first  audited  and  approved  by 
the  Comptroller.  All  moneys  collected  for  the  use  of  the  City 
by  any  municipal  official,  unless  otherwise  provided  in  this 
Article,  shall  be  turned  over  to  the  Comptroller  and  by  him 
deposited  with  the  City  Register.  He  shall  perform  such  other 
duties  as  may  be  prescribed  by  ordinances,  not  inconsistent 
with  this  Article.  In  case  of  temporary  absence  or  disqualifi- 
cation of  the  Comptroller,  or  a  vacancy  occurring  in  said  oflice 
from  any  cause,  the  Deputy  Comptroller  shall,  during  such 
absence  or  disqualification  or  vacancy  from  any  cause,  act  as 
Comptroller.  The  Second  Branch  of  the  City  Council,  by  a 
majority  vote  of  all  the  elected  members  to  said  Branch,  may 
remove  the  Comptroller  from  ofiice  for  incompetency,  wilful 
neglect  of  duty  or  misdemeanor  in  office,  upon  charges  preferred 
by  the  Mayor,  and  after  notice  of  such  charges  is  given  to  the 
Comptroller  and  an  opportunity  aff"orded  him  to  be  heard  by 
said  Branch. 

35.  The  City  Register  shall  be  the  head  of  the  second  sub- 
department  of  Finance,  and  he  shall  be  the  register  of  the 
public  debt,  and  also  the  custodian  of  all  moneys  belonging  to 
the  Mayor  and  City  Council  of  Baltimore.  He  shall  be  appointed 
by  a  joint  convention  of  the  two  Branches  of  the  City  Council 
on  the  Tuesday  next  after  the  fourth  Monday  of  May,  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same  day 
and  month  in  every  fourth  year  thereafter.  His  salarj'  shall 
be  three  thousand  and  three  hundred  dollars  per  annum  pay- 
able monthly,  in  addition  to  three  hundred  dollars  for  services 
rendered  the  State,  as  provided  for  in  section  93  of  Article  81, 
Code  of  Public  General  Laws.  He  shall  be  removable  at  the 
pleasure  of  the  convention  of  the  said  two  Branches.  The  City 
Register  shall  take  under  his  charge  and  keeping  the  corporate 
seal  of  the  City,  and  use  it  in  all  cases  which  are  now  or  may 
be  hereafter  required  by  Federal  or  State  !aws,  ordinances,  or 
the  uses  and  customs  of  nations,  and  shall  charge  a  fee  of  two 
dollars  for  each  impression  of  the  seal  except  such  as  shall  be 
affixed  to  or  impressed  upon  documents  for  the  Mayor  and 
City  Council  or  used  in  connection  with  the  affiiirs  of  the  City. 
He  sliall  pay  to  the  Comptroller,  for  the  use  of  the  Mayor  and 
City  Council  of  Baltimore,  all  fees  so  received  by  him.  He 
shall  have  power  to  appoint  a  Deputy  Register,  with  a  salary 
of  eighteen  hundred  dollars  per  annum,  payable  monthly,  and 
such  other  clerical  assistants  as  may  be  prescribed  by  ordi- 


43 


nance  not  inconsistent  with  this  Article.  In  case  of  a  vacancy 
occurring  in  the  office  of  City  Register  by  removal  or  other- 
wise, the  joint  convention  of  the  two  Branches  of  the  City 
Council  shall  forthwith  fill  said  vacancy.  He  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinance  not 
inconsistent  with  this  Article ;  jJf'ovided,  the  present  incumbent 
of  the  office  of  the  City  Register  shall  hold  his  office  uutil  the 
expiration  of  his  term,  as  now  provided  under  existing  laws 
and  ordinances,  and  should  a  vacancy  occur  in  said  office,  a 
successor  shall  be  appointed  by  a  joint  convention  of  the  City 
Council  for  the  balance  of  said  term. 

36.  The  Board  of  Estimates  shall  be  the  head  of  the  third 
sub-department  of  Finance,  and  shall  consist  of  the  Mayor,  City 
Solicitor,  Comptroller,  President  of  the  Second  Branch  City 
Council  and  President  of  the  Board  of  Public  Improvements. 
The  first  meeting  of  said  board  in  every  year  shall  be  called  by 
notice  from  the  Mayor  or  President  of  the  Second  Branch  of 
the  City  Council,  personally  served  upon  members  of  the  said 
Board.  Subsequent  meetings  shall  be  called  as  the  said  Board 
may  direct.  The  President  of  the  Second  Branch  shall  be 
President  of  said  Board,  and  one  of  the  number  shall  act  as 
Secretary,  and  said  Board  may  employ  such  clerks  as  may  be 
necessary  to  discharge  its  duties,  their  number  and  compen- 
sation shall  be  fixed  by  ordinance.  The  said  Board  shall  have 
power  at  any  time  to  summon  before  it  the  heads  of  the  depart- 
ments and  siib-departments,  and  all  municipal  officers  and 
special  commissions  or  boards.  The  said  Board  shall  annually, 
between  the  first  day  of  October  and  the  first  day  of  November, 
meet,  and  by  an  affirmative  vote  of  a  majority  of  all  the 
members  make  out  the  following  three  lists  of  moneys  to  be 
appropriated  l)y  the  City  Council  for  the  next  ensuing  fiscal 
year. 

First — A  list,  to  be  known  as  the  "Departmental  Estimates," 
of  the  amounts  estimated  to  be  recpiired  to  pay  the  expenses 
of  conducting  the  public  business  for  the  next  ensuing  fiscal 
year,  including  tlie  expenditures  by  the  City  Council  for  the 
salaries  of  its  members,  officers  and  expenses ;  said  list  shall 
be  prepared  in  such  detail,  as  to  the  aggregate  sum  and  the 
items  thereof  allowed  to  the  two  Branches  of  the  City  Council, 
each  department,  sub-department,  municipal  officer  not  em- 
braced in  a  department  and  special  commissions  or  boards,  as 
the  said  Board  shall  deem  advisable.      In  order  to  enable  said 


44 

Board  to  make  such  list,  the  Presidents  of  the  two  Branches 
of  the  City  Council,  the  heads  of  departments,  heads  of  sub- 
departments,  municipal  officers  not  embraced  in  a  department, 
and  special  commissions  or  boards,  shall,  at  least  thirty  days 
before  the  said  list  is  hereby  required  to  be  made,  send  to  the 
said  Board,  in  writing,  estimates  of  the  amounts  needed  for 
the  conduct,  respectively,  of  the  City  Council,  departments, 
sub-departments,  municipal  offices  not  embraced  in  a  depart- 
ment, commissions  or  boards  for  the  next  ensuing  fiscal  year. 
Such  estimates  shall  be  verified  by  the  oath  or  affirmation  of 
the  persons  making  them ;  and  a  wilfully  false  statement  made 
in  a  material  matter  contained  in  said  estimates  so  made  to 
said  Board  shall  be  perjury.  The  said  estimates  shall  specify, 
in  detail,  the  objects  thereof,  and  the  items  required  for  the 
expenses  of  the  City  Council,  and  the  respective  departments, 
sub-departments,  municipal  offices  not  embraced  in  a  depart- 
ment, and  special  commissions  or  boards,  as  aforesaid,  includ- 
ing a  statement  of  each  of  the  salaries  of  the  members  of  the 
City  Council  and  its  officers  and  clerks,  and  the  salaries  of  the 
deputies,  assistants,  clerks,  employees  and  subordinates  in 
each  department,  sub-department,  municipal  office  or  special 
commission  or  board. 

Second — A  list  containing  all  amounts  to  be  appropriated 
by  the  City  Council  for  new  improvements  to  be  constructed 
by  any  department  of  the  City  during  the  next  ensuing  fiscal 
year,  said  list  to  be  known  as  the  "Estimates  for  New  Improve- 
ments." Heads  of  departments,  heads  of  sub-departments, 
municipal  officers  not  embraced  in  a  department,  and  special 
commissions  or  boards  shall,  in  writing,  thirty  days  before  the 
time  required  to  make  such  list  by  said  Board,  file  with  said 
Board  their  recommendations  as  to  the  amounts  which  they 
may  consider  will  be  needed  in  their  respective  departments 
for  new  improvements  during  the  next  ensuing  fiscal  year. 

Third — A  list  containing  all  amounts  which  by  previous 
laws,  ordinances  or  contracts  are  required  to  be  annually  appro- 
priated to  charities,  educational,  benevolent  or  reformatory 
institutions  by  the  City,  as  well  as  all  other  sums,  if  any,  which 
may  be  required  by  laws  or  ordinances  to  be  appropriated  for 
other  purposes,  not  embraced  in  the  preceding  lists.  This  list 
shall  be  known  as  the  "Estimates  for  Annual  Appropriations." 
The  purpose  and  object  of  this  provision  is,  that  said  three  lists 
shall  embrace  all  moneys  to  be  expended  for  the  next  ensuing 


45 


fiscal  year  for  all  purposes,  by  the  City.  After  said  three  lists 
have  been  prepared,  the  Board  of  Estimates  shall  cause  to  be 
prepared  a  draft  of  an  ordinance,  to  ])e  submitted  to  tlie  City 
Council,  providing  appropriations  sufficient  to  meet  the 
amounts  called  for  by  said  three  lists  ;  and  the  said  Board 
shall  cause  a  copy  of  said  proposed  ordinance,  certified  l\v  the 
signatures  of  a  majority  of  them,  to  be  forthwith  published  in 
two  daily  newspapers  in  Baltimore  City,  for  two  successive 
days,  and  shall,  immediately  after  said  publication,  transmit  a 
copy  of  the  draft  of  the  said  proposed  ordinance  to  the  Presi- 
dent of  each  Branch  of  the  City  Council,  whereupon  a  special 
meeting  of  the  City  Council  shall  be  forthwith  called  by  the 
Mayor,  to  consider  such  proposed  ordinance.  It  shall  be  the 
duty  of  the  two  Branches  of  the  City  Council,  when  so 
assembled,  to  consider  and  investigate  the  estimates  contained 
in  said  proposed  ordinance,  and  to  hold  daily  sessions  for  its 
consideration  until  said  ordinance  is  passed.  The  two  Branches 
of  the  City  Council,  by  a  majority  vote  of  all  the  members 
elected  to  each  Branch,  may  reduce  the  said  amounts  fixed  by 
the  said  Board  in  said  proposed  ordinance,  except  such  items 
thereof  as  are  now  or  may  hereafter  be  fixed  by  law,  and 
except  such  items  as  may  be  inserted  by  said  Board  to  pay 
State  taxes,  and  to  pay  the  interest  and  princijDal  of  the  muni- 
cipal debt.  The  City  Council  shall  not  have  the  power  to 
increase  the  amounts  fixed  by  the  Board,  nor  insert  any  new 
items  in  the  proposed  ordinance.  When  said  j)i'oposed  ordi- 
nance, embracing  said  estimates,  shall  have  been  duly  passed 
by  both  Branches  of  the  City  Council  and  approved  by  the 
Mayor,  it  shall  be  known  as  the  "Ordinance  of  Estimates  for 

the  Year ,"  and  said  several  sums  shall  be  and  become 

appropriated,  after  the  beginning  of  the  next  ensuing  fiscal  year, 
for  the  several  purposes  therein  named,  to  be  used  by  the  City 
Council,  departments,  sub-departments,  municipal  officers  not 
embraced  in  a  department,  and  special  commissions  or  boards 
therein  named,  and  for  no  other  purpose  or  uses  whatever. 
The  City  Council  shall  not  have  the  power,  by  any  other  or 
subsequent  ordinance  or  resolution,  to  enlarge  any  item  con- 
tained in  said  ordinance  after  the  same  is  duly  passed.  Nor 
shall  the  City  Council,  by  any  subsequent  ordinance  or  other- 
wise, appropriate  any  sums  of  money  to  be  used  for  the 
next  ensuing  fiscal  year,  for  any  of  the  purposes  embraced  in 
said  ordinance  of  estimates.  No  ap]3ropriation  provided  for 
in  said  ordinance  shall  be  diverted  or  used  under  any  ciccum- 
stances,  for  any  other  purpose  than  that  named  in  said  ordi- 
nance, nor  shall  the  Comptroller  draw  any  warrant  for  any  of 


46 


-fche  items  in  said  ordinance  of  estimates,  unless  he  lias  received 
said  amounts,  and  they  are  actually  to  the  credit  of  the  City 
Council  and  such  department,  sub-department,  officers,  com- 
missions or  boards.  No  temporary  loan  shall  be  authorized 
or  made  to  pay  any  deficiency  arising  from  a  failure  to  realize 
sufficient  income  from  revenue  and  taxation  to  meet  the 
amounts  provided  for  in  said  ordinance  of  estimates,  but  the 
City  may  temporarily  borrow  money  for  its  use  in  anticipation 
of  the  receipts  of  taxes  levied  for  any  year.  In  case  of  any 
such  deficiency,  there  shall  be  a  pro  rata  abatement  of  all 
appropriations,  except  those  for  the  payment  of  State  taxes 
and  the  jDrincipal  and  interest  of  the  City  debt,  and  such 
amounts  as  are  fixed  by  law  and  contained  in  said  ordinance, 
and  in  case  of  any  surplus  arising  in  any  fiscal  year,  by  reason 
of  an  excess  of  income  received  from  the  estimated  revenue 
over  the  expenditures  for  such  year,  the  said  surplus  shall  be 
passed  to  the  Commissioners  of  Finance  to  be  credited  to  the 
general  sinking  fund.  Until  the  organization  of  the  said  Board 
of  Estimates  by  the  Mayor  first  elected  under  the  provisions 
of  this  Ai'ticle,  as  provided  in  section  25  of  said  Article,  the 
Mayor,  Comptroller,  City  Register  and  City  Solicitor  shall 
compose  a  Board  to  perform  all  the  duties  required  of  the 
Board  of  Estimates  by  the  provisions  of  this  Article. 

37.  Before  any  grant  shall  be  made  by  the  Mayor  and  City 
Council  of  Baltimore,  of  the  franchise  or  right  to  use  any 
street,  avenue,  alley  or  highway,  or  the  grant  of  the  franchise 
or  right  for  the  use  of  any  public  property  mentioned  in 
Section  7  of  this  Article,  the  proposed  specific  grant,  with  the 
exceptions  hereafter  in  this  Section  made,  shall  be  embodied 
in  the  form  of  an  ordinance,  with  all  the  terms  and  conditions 
required  by  the  provisions  of  this  Article,  and  such  others  as 
may  be  right  and  proper,  including  a  provsion  as  to  the  rates, 
fares,  and  charges,  if  the  grant  provides  for  the  charging  of 
rates,  fares  and  charges,  and  a  provision  that  the  franchise  or 
right  shall  l)e  executed  and  enjoj'ed  six  months  after  the  grant. 
The  said  ordinance  shall,  after  having  been  introduced  in 
either  Branch  of  the  City  Council,  and  after  the  first  reading, 
be  referred  forthwith  by  the  Branch  in  which  the  same  is 
offered  to  the  Board  of  Estimates.  The  said  Board  shall  make 
diligent  inquiry  as  to  the  money  value  of  said  franchise  or 
right  proposed  to  be  granted,  and  the  adequacy  of  the  proposed 
compensation  to  be  paid  therefor  to  the  City  as  ofiered  in  the 
ordinance  already  introduced,  and  the   propriety  of  the  terms 


47 

and  conditions  of  said  ordinance,  and  said  Board  is  empowered 
to  increase  the  compensation  to  be  paid  therefor  to  the  City, 
and  alter  the  terms  and  conditions  of  said  ordinance,  provided 
such  alterations  are  not  inconsistent  with  the  requirement  and 
provisions  of  this  Article,  and  it  shall  be  the  duty  of  said  Board 
to  fix  in  said  ordinance  the  said  compensation  at  the  largest 
amount  it  may  be  able  by  advertisement  or  otherwise  to  obtain 
for  said  franchise  or  right,  and  no  grant  thereof  by  the  City 
Council  shall  be  made  except  for  the  compensation  and  on  the 
terms  approved  by  a  vote  or  resolution  of  the  said  Board, 
entered  on  the  minutes  or  records  of  such  Board,  and  attached 
to  said  ordinance,  with  the  signatures  of  a  majority  of  said 
Board  signed  to  the  same.  The  provisions  of  this  Section  shall 
apply  to  the  renewal  or  extension  of  any  franchise  or  right 
relating  to  the  use  of  any  of  the  public  property  mentioned  in 
Section  7  of  this  Article  now  existing,  oj'  which  may  hereafter 
be  granted  to  any  person  or  body  corporate.  Provided,  that 
the  right  to  use  the  streets,  avenues,  alleys,  or  other  pul)lic 
property,  by  any  person  or  body  corporate  for  bow  or  bay 
windows,  hitching  posts,  area-ways,  steps,  planting  of  trees, 
storm  doors,  drain  and  drain  pipes,  stands  or  other  such  tem- 
porary or  similar  uses,  may  be  granted  by  the  Board  of  Esti- 
mates for  such  an  amount  of  money  and  upon  such  terms  and 
conditions,  as  the  said  Board  may  consider  right  and  proper. 
Before  said  Board  shall  grant  any  such  right,  the  person  or 
body  corporate  seeking  the  same  shall  tile  before  said  Board  in 
writing  an  application  for  such  use,  and  in  said  application  the 
use  desired  shall  be  stated,  and  what  the  applicant  is  willing  to 
pay  for  the  same  must  be  given,  and  such  person  or  body  cor- 
porate shall  only  enjoy  such  use  on  the  payment  of  the  amount 
of  money  named  by  said  Board,  and  on  the  terms  and  condi- 
tions, said 'Board  shall  prescribe  in  writing,  and  no  ordinance 
or  advertisement  shall  be  necessary  or  made  in  such  cases  as 
are  named  in  tlie  proviso  of  this  Section.  Provided,  however, 
that  copies  of  said  applications  be  served  upon  the  adjoining 
property  owners  by  said  applicant  before  filing  said  application 
before  said  Board. 

38.  There  shall  be  included  annually  in  the  ordinance  of 
estimates  the  sum  of  fifty  thousand  dollars  to  be  used  as  a 
contingent  fund  by  the  Board  of  Estimates,  in  case  of  an  emer- 
gency or  necessity  for  the  expenditure  of  money  above  the 
appropriati(ms  regularly  passed  for  any  department,  sub-de- 
partment, municipal  officer  not  embraced  in  a  department,  or 


48 


special  commission  or  board,  in  the  interval  between  the  annual 
appropriations  as  herein  provided  for.  As  soon  as  practicable 
after  tlie  expenditure  of  any  part  of  said  contingent  fund,  the 
said  Board  shall  report  to  the  City  Council  all  the  circumstances 
attending  said  expenditure,  and  the  necessity  for  the  same, 
and  the  reasons  assigned  by  the  department,  sub-department, 
municipal  officer  not  embraced  in  a  department,  or  special 
commission  or  board,  applying  for  and  receiving  the  same. 
The  City  Council  shall  not  have  the  power  to  increase  or 
decrease,  or  strike  out,  said  amount  from  the  said  ordinance 
of  estimates. 

39.  The  Mayor  and  City  Council  of  Baltimore  shall  appro- 
priate no  money  out  of  the  Treasury  of  the  City  for  the  pay- 
ment of  any  private  claim  against  the  City,  unless  such  claim 
shall  have  first  been  presented  to  the  Board  of  Estimates, 
together  with  the  proofs  upon  which  the  same  is  founded,  and 
reported  favorably  by  said  Board. 

40.  The  Board  of  Estimates  shall,  on  the  first  day  of 
October,  or  as  soon  thereafter  as  practicable,  in  the  year  eigh- 
teen hundred  and  ninety- eight  and  in  each  succeeding  year, 
procure  from  the  proper  municipal  department  and  shall  send, 
with  the  said  ordinance  of  estimates,  to  both  Branches  of  the 
City  Council,  a  report  showing  the  taxable  basis  for  the  next 
ensuing  fiscal  year,  and  the  amount  which  can  reasonably  be 
expected  to  be  realized  by  taxation  for  said  year.  The  report 
shall  contain  an  aggregate  statement  of  all  the  moneys  to  be 
expended  during  the  next  ensuing  fiscal  year  by  the  City,  as 
set  forth  in  said  ordinance  of  estimates,  as  well  as  of  any  other 
sums,  if  such  there  be,  which  the  City  may  be  required  to 
expend  during  the  said  year  for  any  purpose  or  purposes  not 
included  in  the  ordinance  of  estimates,  and  it  shall  also  state  the 
.total  income  which  can  reasonably  be  expected  to  be  received 
by  the  City  for  the  next  ensuing  fiscal  year,  from  licenses,  fees, 
rents  and  all  other  charges,  including  the  amount  believed  to 
be  collectible  from  taxes  in  arrears.  The  report  shall  show  the 
difference  between  such  anticipated  expenditures  and  receipts 
of  the  City,  and  shall  state  a  rate  for  the  levy  of  taxes  sufficient 
to  realize  the  amount  required  to  meet  the  said  difterence.  In 
the  ordinance  making  the  annual  levy  of  taxes,  which  ordi- 
nance shall  be  passed  by  the  Mayor  and  City  Council  of  Balti- 
more in  the  month  of  November  in  each  year,  and  as  soon  as 
practicable  after  the  passage  of  the  ordinance  of  estimates,  the 


49 


Mayor  and  City  Council  of  Baltimore  shall  fix  a  rate  of  taxa- 
tion not  less  than  the  rate  stated  in  the  aforesaid  report;  so 
that  it  shall  not  be  necessary  at  any  time  for  the  City,  its 
officers  or  agents,  to  create  a  floating  debt  to  meet  any  defi- 
ciency, and  it  shall  not  be  lawful  for  the  City,  its  officers  or 
agents,  to  create  a  floating  debt  for  any  such  purpose.  The 
taxes  levied  under  said  ordinance  in  the  month  of  November 
in  each  year  shall  be  the  taxes  to  be  collected  for  the  fiscal 
year  next  ensuing  after  the  said  month  of  Novemlier,  and  may 
be  paid  to  the  City  Collector  on  or  after  the  first  day  of 
January  next  ensuing  said  levy.  The  taxes  included  in  said 
levy  on  real  estate  or  chattels  real  shall  be  in  arrears  on  the 
first  day  of  July  next  ensuing  the  date  of  their  levy,  and  the 
taxes  included  in  said  levy  on  all  forms  of  personal  property 
shall  be  in  arrears  on  the  first  day  of  May  next  ensuing  the 
date  of  their  levy,  and  the  taxes  on  both  forms  of  said  prop- 
erty after  they  become  in  arrears  as  aforesaid  shall  bear 
interest  at  the  rate  of  six  per  centum  per  annum. 

41.  The  Commissioners  of  Finance  shall  be  the  head  of  the 
fourth  sub-department  of  Finance,  and  shall  be  a  Board 
composed  of  the  Mayor,  Comptroller,  Begister  and  two 
persons  appointed  by  the  Mayor  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  who  shall  hold  their  offices  as 
therein  provided.  Both  of  said  two  last-named  persons  shall 
serve  without  pay.  The  Mayor  and  Register  shall  sign  all 
obligations  of  the  City  and  all  City  stock.  One  of  the  persons 
appointed  by  the  Mayor  as  aforesaid,  and  so  designated,  shall 
be  President  of  said  Board.  The  Deputy  Register  shall  act 
as  clerk  to  said  Board  and  keep  the  accounts  and  a  record  of 
proceedings  of  said  Board,  and  for  which  service,  in  addition 
to  the  salary  of  said  Deputy  Register  herein  provided,  he  shall 
be  paid  a  salary  of  five  hundred  dollars  per  annum,  payable 
monthly.  This  Board  shall  select  the  depository  banks  for 
City  funds.  It  shall  authorize  all  temporary  loans  to  be  made 
not  inconsistent  with  this  Ai'ticle.  It  shall  have  charge, 
control  and  custody  of  all  sinking  funds  of  the  Mayor  and 
City  Council  of  Baltimore,  and  shall  perform  such  other  duties 
as  shall  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article. 

42.  The  City  Collector  shall  be  the  head  of  the  fifth  sub- 
department  of  Finance,  and  shall  be  appointed  by  the  Mayor 

4 


50 

ill  the  mode  prescribed  in  section  25  of  this  Article,  and  hokl 
his  office  as  therein  provided.  He  shall  be  paid  for  his 
services  in  collecting  City  taxes  the  salary  of  two  thousand 
dollars  per  annum,  payable  monthly.  He  shall  be  the  collector 
of  all  taxes  and  assessments  on  real  property  levied  or  made 
by  the  City.  He  shall  in  October  in  the  year  eighteen  hundred 
and  ninety-eight  and  in  each  year  thereafter,  immediately  upon 
the  receipt  of  the  statement  from  the  Appeal  Tax  Court, 
showing  the  taxable  basis  for  the  next  ensuing  fiscal  year,  as 
provided  for  in  section  171  of  this  Article,  begin  the  prepara- 
tion of  the  tax  bills  on  said  basis,  and  after  the  levy  of  taxes 
has  been  made  he  shall  complete  said  bills  and  have  them 
ready  for  payment  by  the  taxpayers  on  the  first  day  of  January 
next  ensuing  said  levy,  or  as  soon  thereafter  as  practicable. 
He  shall  have  such  assistants,  clerks  and  bailifi's  as  may  be 
fixed  by  ordinances,  and  who  shall  perform  such  duties  as 
shall  be  prescribed  by  ordinances  not  inconsistent  with  this 
Article. 

43.  Whenever  it  shall  become  necessary  to  sell  any  part  or 
parcel  of  ground  in  the  City  of  Baltimore,  improved  or  unim- 
proved, for  the  payment  of  any  taxes  or  assessment,  of  any 
nature  or  kind  whatever,  levied  or  charged,  the  City  Collector 
shall  first  give  notice  by  advertisement  published,  once  a  week 
for  four  successive  weeks  in  two  of  the  daily  newspapers  pub- 
lished in  said  City,  one  of  which  shall  be  in  the  German 
language,  that  he  will  sell  said  property  at  public  auction  on 
the  day  in  the  said  advertisement  mentioned  ;  said  notice  shall 
state  the  name  of  the  person,  when  known,  to  whom  such 
parcel  of  ground  is  assessed,  the  amount  of  taxes  due  on  the 
same,  and  what  im23rovements,  if  any,  are  on  said  parcel  of 
ground,  and  to  properly  describe  said  property  the  City 
Surveyor  shall  actually  survey  and  furnish  to  the  City  Collector 
a  description  and  plat  of  each  lot  so  in  arrear  and  the  sum  to 
be  paid  for  each  survey,  including  the  description  and  plat, 
shall  be  three  dollars  and  fifty  cents,  said  sum  to  be  added  to 
the  tax  bill  and  collected  in  the  same  manner  as  the  bill  itself. 
The  Collector  shall,  before  advertising  said  property  for  sale, 
give  to  the  person  or  persons  so  in  arrears,  or  to  one  of  them 
if  more  than  one,  or  leave  at  his  or  her  or  their  residence  or 
last  known  residence  of  one  of  them,  and  if  no  such  residence 
be  known  there  shall  be  left  upon  the  premises  so  to  be  sold 
for  taxes,  a  statement  of  his  or  her  or  their  indebtedness,  and 
not  less  than  thirty  days'  notice  of  his  (said  Collector's)  inten- 


51 


tioD  if  the  bill  is  not  paid  to  enforce  the  payment  thereof  bj 
distraint  or  execution. 

44.  The  City  Collector  shall  require  the  purchaser  of  such 
property  on  the  day  of  sale,  or  the  day  next  succeeding,  to  pay 
on  account  of  said  purchase  the  amount  assessed  or  taxed  on 
the  lot  so  sold,  together  with  all  costs  and  charges,  and  no 
more,  and  the  residue  of  the  purchase  money  shall  remain  on 
a  credit  of  one  year  and  a  day. 

45.  If  the  property  so  sold  shall  not  be  redeemed  at  the 
expiration  of  a  year  and  a  day  from  the  day  of  sale,  the  City 
Collector  shall,  when  required,  and  on  payment  of  the  full 
amount  of  the  purchase  money,  execute  a  deed  for  the  same  to 
the  purchaser,  and  the  balance  of  the  purchase  money  so 
received  by  him  shall  be  paid  to  the  City  Eegister. 

46.  If  it  shall  appear  that  the  owner  of  the  said  lot  or 
parcel  of  ground  prior  to  the  execution  of  the  deed  for  the 
same  by  the  City  Collector,  cannot,  after  reasonable  effort,  be 
found,  or  if  said  owner  shall  refuse  to  receive  said  balance  of 
money,  then  in  either  case  the  City  Eegister  shall  invest  the 
same  for  the  benefit  of  such  owner  in  any  public  debt  of  the 
State  of  Maryland  or  Mayor  and  City  Council  of  Baltimore, 
and  shall  safely  keep  the  same,  and  from  time  to  time  collect 
the  interest  due  thereon,  and  invest  for  the  benefit  of  such 
owner  the  interest  from  time  to  time  in  the  said  stock, 

47.  When  any  lot  or  parcel  of  ground  in  the  said  City  shall 
be  sold  by  reason  of  the  non-payment  of  the  tax  or  assessment 
due  thereon,  the  owner  or  other  persons  having  an  estate  or 
interest  therein  shall  have  power  to  redeem  the  same  at  any 
time  within  one  year  and  a  day  from  the  day  of  sale,  on  paying 
or  tendering  in  payment  to  the  City  Collector  the  whole  amount 
of  money  received  by  such  City  Collector  from  the  sale  of  the 
lot  or  parcel  of  ground  to  be  redeemed,  and  a  further  sum 
of  one-half  per  cent,  per  month  interest  from  the  time  of 
sale  to  the  time  of  such  tender  ;  and  the  sums  so  paid  shall  be 
by  the  City  Collector  delivered  or  tendered  to  the  purchaser, 
whose  right  in  the  property  so  purchased  shall  thenceforth 
cease  and  determine. 


52 


48.  In  all  cases  where  lands  held  in  fee  simple  or  by  lease 
have  been  sold,  or  shall  be  sold  for  payment  of  taxes  in  arrears, 
according  to  the  provisions  of  existing  laws,  it  shall  be  the  duty 
of  the  City  Collector  to  report  the  said  sale,  together  with 
all  the  proceedings  had  in  relation  thereto  to  the  Circuit  Court 
of  said  City.  The  court  to  which  such  report  shall  be  made 
shall  examine  the  said  proceedings,  and  if  the  same  appear  to 
be  regular,  and  the  provisions  of  law  in  relation  thereto  have 
been  complied  with,  shall  order  notice  to  be  given  by  advertise- 
ment published  in  such  newspapers  as  the  court  shall  direct, 
warning  all  persons  interested  in  the  property  sold  to  be  and 
appear  by  a  certain  day  in  the  said  notice  to  be  named,  to  show 
cause,  if  any  they  have,  why  said  sale  should  not  be  ratified  and 
confirmed ;  and  if  no  cause  or  an  insufficient  cause  be  shown 
against  the  said  ratification,  the  said  sale  shall,  by  order  of  said 
court,  be  ratified  and  confirmed,  and  the  purchaser  shall,  on 
payment  of  the  j^urchase  money,  have  a  good  title  to  the  prop- 
erty sold ;  but  if  good  cause,  in  the  judgment  of  the  said  court, 
be  shown  in  the  premises,  the  said  sale  shall  be  set  aside ;  in 
which  case  the  said  City  Collector  shall  proceed  to  a  new  sale 
of  the  property  and  bring  the  proceeds  into  court,  out  of  which 
the  purchaser  shall  be  repaid  the  purchase  money  paid  by 
him  to  the  City  Collector  on  said  rejected  sale,  and  all  taxes 
assessed  on  said  real  estate  and  paid  by  said  purchaser  since 
said  sale,  and  all  costs  and  expenses  properly  incurred  in  the 
said  court,  with  interest  on  all  such  sums  from  the  time  of 
payment;  and  if  the  purchaser  has  not  paid  the  purchase 
money  or  the  subsequent  taxes,  to  apply  said  proceeds  to  the 
payment  of  the  taxes  for  which  said  real  property  may  have 
been  sold,  and  all  subsequent  taxes  thereon  then  in  arrears, 
with  interest  on  the  same,  according  to  law,  and  the  costs  of 
the  proceedings ;  but  such  sales  shall  not  be  set  aside  if  the 
provisions  of  the  law  shall  appear  to  have  been  substantially 
complied  with ;  and  the  burden  of  proof  shall  be  on  the  excep- 
tant to  show  the  same  to  be  invalid  under  the  law. 

49.  Whenever  the  City  Collector  shall  have  distrained  or 
levied  upon  any  goods  or  chattels  in  said  City  for  non-payment 
of  any  taxes.  State  or  municipal,  due  by  the  owner  thereof, 
before  making  sale  of  the  property  so  distrained  or  levied 
upon,  said  City  Collector  shall  give  notice  by  advertisement 
published  twice  a  week  for  one  week  prior  to  the  day  of  sale, 
and  also  on  the  day  of  sale,  in  three  of  the  daily  newspapers 
published  in  said  City,  one  of  which  shall  be  in  the  German 


53 


language,  that  lie  will  sell  for  cash,  at  public  auction,  to  the 
highest  bidder,  on  the  day  and  at  the  time  and  place  mentioned 
in  said  advertisement,  the  property  therein  specified,  unless 
on  or  before  the  day  of  sale  the  entire  amount  of  taxes  for 
which  such  distraint  or  levy  shall  have  been  made,  with  the 
interest  thereon,  and  costs  of  making  said  levy  and  advertise- 
ment, shall  be  paid. 

50.  Every  City  Collector  who  shall  sell  any  goods  or 
chattels  levied  or  distrained  upon  for  taxes.  State  or  municipal, 
in  Baltimore  City,  after  due  advertisement,  as  required  in  the 
preceding  section,  shall  retain  out  of  the  proceeds  of  sale  the 
amount  of  taxes  due  from  the  delinquent,  for  which  such  levy 
or  distraint  shall  have  been  made,  with  the  interest  thereon, 
and  all  costs  incurred  in  making  said  sale,  and  shall  pay  over 
the  surplus,  if  any,  to  the  owner  of  the  property  so  levied 
upon  and  sold. 

51.  The  City  Collector  shall  not  be  required  to  distrain  for 
any  taxes  assessed  or  levied  upon  real  estate  or  personal  prop- 
erty, but  he  shall  at  least  two  weeks  before  the  taxes  become 
payable  give  notice  by  advertisement  in  three  daily  papers 
published  in  Baltimore  City  of  the  day  on  which  all  taxes  for 
the  ensuing  fiscal  year  become  due  ;  and  shall  on  the  applica- 
tion in  person  or  by  agent  or  by  mail  of  any  person  to  whom 
property  is  assessed  deliver  or  send  by  mail  a  bill  showing  the 
amount  of  taxes  due  by  such  person  two  weeks  before  the  day 
on  which  such  taxes  shall  by  law  be  in  arrear.  He  shall  give 
notice  by  advertisement  in  the  same  way  that  all  taxes  not  jDaid 
on  or  before  that  date  will  be  in  arrears,  and  that  the  property^ 
on  which  said  taxes  are  levied  will  then  be  subject  to  be  sold 
for  taxes.  And  said  notices  shall  further  state  that  unless  the 
taxes  so  in  arrear  are  paid  within  thirty  days  thereafter  three 
per  cent,  of  the  gross  amount  thereon  shall  be  added  to  each 
bill  for  taxes  in  arrear,  and  at  the  expiration  of  thirty  days 
from  such  notice,  if  the  same  be  not  then  paid,  three  per 
centum  of  the  gi'oss  amount  of  each  bill  for  said  taxes  in 
arrear  shall  be  added  thereto  as  a  penalty  and  collected  in  the 
same  manner  as  the  bill  itself,  said  penalty  to  be  paid  to  the 
City  Collector  and  by  him  to  the  City  Register  to  the  credit  of 
the  Mayor  and  City  Council;  to  provide  for  the  expense  of 
collecting  the  taxes  for  the  fiscal  year  1900,  the  Mayor  and 
City  Council  may  by  ordinance  appropriate  the  moneys  so  to 
be  paid  to  the  Register  in  payment  of  the  expenses  for  collect- 
ing the  taxes  for  that  year. 


54 


52.  The  Mayor  shall  appoint  in  the  mode  prescribed  in 
section  25  of  this  Article,  and  he  shall  hold  his  office  as 
therein  jjrovided,  one  Collector  for  Baltimore  Citj,  for  the  col- 
lection of  all  State  taxes  levied  or  to  be  levied  for  any  year ; 
and  it  shall  not  be  lawful  for  the  municipal  authorities  of 
said  City  to  provide  any  fixed  annual  or  other  stated  compen- 
sation for  the  collection  of  the  State  taxes,  or  a  salary  of  any 
kind,  to  the  said  Collector  for  his  services  in  collecting  the 
State  taxes,  otherwise  than  by  a  per  centum  on  the  amount  of 
his  collections,  as  prescribed  in  this  Article. 

53.  The  Collector  of  State  Taxes  in  the  City  of  Baltimore, 
before  he  acts  as  such,  shall  give  a  bond  to  the  State  of  Mary- 
land in  the  penalty  of  seventy-five  thousand  dollars,  to  be 
approved  by  the  Governor,  with  the  condition  that  if  the  above 

bound shall  well  and  faithfully  execute  his  office,  and 

shall  account  to  the  State  Comptroller  for,  and  pay  to  the 
Treasurer  of  the  State,  the  several  sums  of  money  which  he 
shall  receive  for  the  State,  or  be  answerable  for  by  law%  at  such 
times  as  the  law  shall  direct,  then  such  obligation  to  be  void, 
otherwise  to  remain  in  full  force  and  virtue  in  law\  The  said 
Collector's  bond,  when  approved  by  the  proper  authorities  in 
the  City  of  Baltimore,  shall  be  recorded  in  the  office  of  the 
Clerk  of  the  Superior  Court  of  Baltimore  City,  and  when 
approved  by  the  Governor  shall  be  filed  in  the  office  of  the 
State  Comptroller. 

54.  The  Collector  of  State  Taxes  in  the  City  of  Baltimore 
shall  make  daily  deposits  of  such  sums  of  money  as  he  shall 
receive  for  State  taxes  collected  by  him,  less  the  amount  of 
commission  allowed  him  for  the  collection  of  the  same,  to  the 
credit  of  the  Treasurer  of  the  State  of  Maryland,  in  some 
bank  in  said  City  which  pays  to  the  State  the  bonus  or  school 
tax,  as  provided  by  law,  to  be  designated  by  the  said  Treasurer, 
and  shall  send  to  the  Treasurer  a  statement  of  the  amount  so 
deposited  within  the  first  ten  days  of  each  month,  with  a  cer- 
tificate of  the  bank  that  the  same  is  so  deposited;  and  on 
failure  to  make  such  daily  deposits  and  to  send  such  certificate, 
he  shall,  on  proof  thereof  to  the  satisfaction  of  the  Governor, 
be  liable  to  removal  from  office  by  the  Governor,  and  the  State 
Comptroller  shall  immediately  enter  suit  upon  his  bond. 

55.  The  Treasurer  of  the  State  may  make  weekly  examina- 
tion of  the  books  of  the  Collector  of  State  Taxes  in  Baltimore 
City,  whose  books  shall  always  be  open  to  such  inspection. 


55 


56.  If  there  be  no  Collector  of  State  Taxes  qualified  and 
compensated  in  conformity  with  the  provisions  of  this  Article 
in  said  City  by  the  fifteenth  day  of  October  in  any  year,  the 
Governor  shall  appoint  from  any  part  of  the  State  a  Collector 
for  the  said  City,  who  shall  give  bond,  with  sureties  to  be 
approved  by  the  Governor,  and  be  in  all  respects  on  a  footing 
with  other  State  Collectors'  bonds  as  provided  in  the  Public 
General  Laws,  Article  81,  title  "  Revenue  and  Taxes,"  and  the 
said  Collector  shall  have  all  the  power  of  other  Collectors. 

57.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
upon  the  assessable  property  in  the  City  of  Baltimore  such 
commission  as  will  in  its  judgment  insure  a  speedy  collection 
of  said  State  taxes,  not  exceeding  two  per  centum  on  the 
amount  to  be  placed  in  the  hands  of  said  Collector  of  State 
Taxes  for  Baltimore  City  ;  said  commission  to  be  levied  for 
the  use  of  said  Collector,  and  to  be  collected  as  other  charges 
are  collected. 

58.  The  City  Collector  shall  be  the  Collector  of  State 
Taxes,  and  perform  the  duties  as  herein  provided,  unless 
otherwise  provided  by  ordinance  of  the  Mayor  and  City 
Council  of  Baltimore. 

59.  The  Collector  of  Water  Rents  and  Licenses  shall  be 
the  head  of  the  sixth  sub-Department  of  Finance,  and  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  Section  25 
of  this  Article,  and  hold  his  office  as  therein  provided.  He 
shall  be  paid  the  salary  of  two  thousand  five  hundred  dollars 
per  annum,  payable  monthly.  He  shall  collect  all  water  rents 
and  license  fees,  and  all  other  dues,  or  revenues  to  which  the 
Mayor  and  City  Council  of  Baltimore  is  or  may  be  entitled 
except  otherwise  provided  in  this  Article,  and  he  shall  have 
such  assistants  and  clerks  and  shall  perform  such  other  duties 
as  shall  be  prescribed  by  ordinance  not  inconsistent  with  this 
Article.  All  licenses  imposed  by  ordinance  shall  be  due  and 
collectible  in  the  first  week  of  January  in  each  year,  and  it 
shall  be  the  duty  of  said  Collector  of  Water  Rents  and 
Licenses  to  see  that  said  licenses  are  paid  at  that  time.  Pvo- 
vided,  that  the  Mayor  and  City  Council  of  Baltimore  may,  if 
the  public  service  permits,  assign  the  duties  to  be  performed 
by  this  Section  to  be  performed  by  the  Collector  of  Water 
Rents  and  Licenses,  to  some  other  municipal  official,  and 
when  so  done  by  ordinance  this  ofiice  may  be  abolished. 


56 

Depai 'tmei it  of- Law. 

60.  There  shall  be  a  Department  of  Law  of  the  Mayor  and 
City  Council  of  Baltimore ;  the  head  of  said  department  shall 
be  the  City  Solicitor. 

61.  The  City  Solicitor  shall  be  appointed  by  the  Mayor  in 
the  mode  prescribed  in  section  25  of  this  Article,  and  hold  his 
office  as  therein  provided.  He  shall  be  a  member  of  the  Balti- 
more Bar,  who  has  j^racticed  his  profession  for  not  less  than 
ten  years  in  Baltimore  City,  and  he  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  monthly. 

62.  The  City  Solicitor  shall  be  the  legal  adviser  of  the 
Mayor  and  City  Council  of  Baltimore  and  its  several  depart- 
ments, and  special  commissions  or  boards,  and  shall  have 
general  supervision  and  direction  of  all  legal  business  of  the 
City.  He  shall  have  charge  of  the  j^reparation  and  trial  of  all 
suits,  actions  and  proceedings  of  every  kind  to  which  the  City 
shall  be  a  party  in  any  Court,  local.  State  or  Federal,  and  he 
shall  personally  participate  in  the  trial  of  all  such  suits  in  any 
of  the  Federal  Courts,  and  in  the  Court  of  Appeals  of  Mary- 
land, and  of  all  such  suits  in  other  Courts  which  the  Mayor 
may  request  him  in  writing  to  try,  and  shall  discharge  such 
other  duties  as  may  from  time  to  time  be  prescribed  by  ordi- 
nances, not  inconsistent  with  this  Article.  He  shall  appoint 
in  writing  three  assistants,  to  be  known  as  the  First,  Second 
and  Third  Assistant  City  Solicitors,  all  of  whom  shall  be 
members  of  the  Baltimore  Bar,  and  shall  hold  their  respective 
positions  during  the  pleasure  of  the  City  Solicitor,  at  salaries, 
payable  monthly,  of  three  thousand  dollars  per  annum  for  the 
First  Assistant,  and  twenty-five  hundred  dollars  per  annum  for 
the  Second  Assistant,  and  eighteen  hundred  dollars  per  annum 
for  the  Third  Assistant.  The  City  Solicitor  is  authorized  to 
assign  to  his  assistants  such  duties  in  addition  to  those  hereby 
assigned  to  them  as  he  shall  deem  most  conducive  to  the 
efficient  discharge  of  the  business  of  the  Law  Department. 
The  First  Assistant  shall  aid  the  City  Solicitor  in  the  discharge 
of  his  court  duties,  and  shall  try  all  cases  in  which  the  City 
is  interested  in  any  court  in  the  State  of  Maryland,  and  he 
shall  act  as  junior  counsel  to  the  City  Solicitor  in  any  court 
in  which  his  services  may  be  required.  He  shall  act  as  pros- 
ecuting attorney  on  behalf  of  the  City  to  assist  the  State's 
Attorney  in  the  prosecution  of  all  violations  of  City  ordinances, 


57 


subject  to  the  direction  and  control  of  the  City  Solicitor,  and 
shall  perform  such  other  duties  as  may  be  assigned  to  him  by 
the  City  Solicitor.  The  Second  Assistant  to  the  City  Solicitor 
shall  have  charge,  subject  to  the  control  and  direction  of  the 
Citv  Solicitor,  of  the  examination  of  all  titles  on  behalf  of  the 
City,  and  shall  discharge  such  other  duties  as  may  be  assigned 
to  him  by  the  City  Solicitor.  The  Third  Assistant  to  the  City 
Solicitor  shall,  subject  to  the  control  and  direction  of  the  City 
Solicitor,  try  all  cases  in  which  the  City  is  interested  before 
any  Justice  of  tlie  Peace,  and  in  all  cases  in  the  City  Court  of 
Appeals  from  Justices  of  the  Peace.  He  shall  file,  subject  to 
the  direction  and  control  of  the  City  Solicitor,  all  reports  of 
sales  for  taxes  by  the  City  Collector,  and  shall  discharge  such 
other  duties  as  may  be  assigned  to  him  by  the  City  Solicitor. 
He  shall  have  his  office  in  the  permanent  offices  of  the  Law- 
Department,  and  shall  remain  there  from  11  A.  M.  to  2  P.  M. 
daily,  Sunday  and  legal  holidays  excepted,  when  not  elsewhere 
engaged  on  the  business  of  the  City,  or  unless  temporarily 
absent  by  leave  of  the  City  Solicitor. 

63.  The  City  Solicitor  shall  give  advice  and  opinions  in 
writing  upon  any  legal  questions  aflecting  the  interest  of  the 
City  which  may  be  submitted  to  him  in  writing  by  the  Mayor 
or  either  Branch  of  the  City  Council,  or  any  committee  thereof, 
or  the  head  of  any  department,  or  a  special  commission  or 
board.  All  deeds,  bonds,  contracts  and  other  legal  instru- 
ments involving  the  interest  of  the  City  or  to  be  executed  by 
or  passed  to  the  Mayor  or  other  officer  of  the  City  shall,  before 
they  are  executed  or  accepted,  be  submitted  to  the  City  Solici- 
tor and  have  endorsed  upon  them  his  opinion  as  to  their  suffi- 
ciency and  their  compliance  in  terms  and  conditions  with  the 
laws  or  ordinances  under  which  they  are  executed.  It  shall 
be  the  duty  of  all  officers  and  departments  of  the  City  to 
submit  all  such  bonds,  contracts  or  other  written  instruments 
to  the  City  Solicitor  for  his  approval  before  executing  or 
accepting  the  same. 

64.  The  Law  Department  shall  have  its  offices  and  head- 
quarters in  such  rooms  in  the  City  Hall,  or  elsewhere,  as  the 
Mayor  may  designate,  to  be  provided  and  furnished  at  the 
expense  of  the  City,  which  shall  be  open  on  all  business  days 
between  the  hours  of  9  A.  M.  and  3  P.  M.  All  papers  and 
documents  relating  to  the  legal  business  of  the  City  shall  be 
permanently  filed  in  said  office. 


58 

65.  The  City  Solicitor  is  autliorized  to  employ,  at  a  total 
cost  not  exceeding  twenty-five  hundred  dollars  per  annum,  a 
clerk,  stenographer  and  typewriter,  and  such  other  assistants 
as  he  may  require,  who  shall  at  all  times  be  subject  to  his 
orders.  The  said  clerk  shall,  subject  to  the  direction  of  the 
City  Solicitor,  have  charge  and  custody  of  the  office  and 
papers  of  the  Law  Department,  which  shall  be  arranged  and 
indexed  by  him  in  such  convenient  and  orderly  manner  as  to 
be  at  all  times  readily  accessible.  He  shall  also  keep  in  said 
office  a  complete  docket  and  duplicate  pleadings  of  all  suits, 
actions  or  proceedings  in  which  the  City  or  any  department  or 
official  thereof  is  interested,  pending  in  any  court  or  tribunal, 
upon  which  docket  such  appropriate  entries  shall  be  made  as 
to  show  at  all  times  the  condition  of  each  one  of  such  cases. 
He  shall  also  keep  and  record  in  a  book  to  be  provided  for 
that  puprose,  the  original  or  duplicate  copies  of  all  written 
opinions  furnished  by  the  Law  Department  to  the  City, 
or  to  any  department  or  official  thereof,  and  also  of  all 
abstracts  of  titles  furnished  to  the  City  by  the  Law 
Department.  He  shall  also  procure,  as  far*  as  possible, 
all  legal  opinions  and  abstracts  of  title  which  have  here- 
tofore been  furnished  to  the  City,  or  any  department  or 
official  thereof,  and  shall  file  and  arrange  such  opinions  and 
abstracts  in  such  manner  and  order  as  to  be  at  all  times  readily 
accessible,  and  shall  make  and  preserve  an  index  thereof.  He 
shall  also  procure  all  law  books  heretofore  purchased  by  the 
City  and  in  the  possession  of  any  law  officer  or  ex-law  officer 
of  the  City,  and  arrange  them  in  a  proper  bookcase. 

66.  The  City  Solicitor  shall  have  authorit}',  with  the 
written  approval  of  the  Mayor,  to  institute  on  behalf  of  the 
Mayor  and  City  Council  of  Baltimore,  any  suit,  action  or 
proceeding  in  any  court,  or  tribuiial,  local,  State  or  Federal. 
All  appeals  on  behalf  of  the  City  to  the  Court  of  Appeals,  the 
Supreme  Court  of  the  United  States,  the  United  States  Circuit 
Court  of  Appeals  or  to  any  other  Court  shall  be  taken  upon 
the  written  order  of  the  City  Solicitor,  approved  by  the  Mayor. 

67.  The  City  Solicitor  and  his  Assistants  shall  be  allowed 
reasonal^le  traveling  expenses  outside  of  the  City,  to  be  audited 
by  the  Comptroller,  when  on  business  connected  with  the  Law 
Department. 


59 


Department  of  Public  Safety. 

68.  There  shall  be  a  Department  of  Public  Safety  of  the- 
Mayor  and  City  Council  of  Baltimore,  which  shall  consist  of 
the  Board  of  Fire  Commissioners,  Commissioner  of  Health, 
Inspector  of  Buildings  and  Commissioner  of  Street  Cleaning, 
and  ex  officio  the  President  of  the  Board  of  Police  Commis- 
sioners. The  head  of  said  department  shall  consist  of  a 
Board  of  Public  Safety,  composed  of  the  President  of  the 
Board  of  Fire  Commissioners,  who  shall  be  President  of  said 
Board,  Commissioner  of  Health,  Inspector  of  Buildings,  Com- 
missioner of  Street  Cleaning,  and  the  President  of  the  Board 
of  Police  Commissioners.  This  Board  shall  be  for  consul- 
tation and  advice,  and  it  shall  have  no  power  to  direct  or 
control  the  duties  or  the  work  of  any  sub-department.  It 
shall  perform  such  other  duties  as  may  be  required  of  it  by 
ordinances  not  inconsistent  with  this  Article. 

69.  The  Board  of  Fire  Commissioners  shall  be  the  head  of 
the  first  sub-department  of  Public  Safety,  and  shall  consist  of 
a  Board  of  three  persons  appointed  by  the  Mayor  in  the 
manner  prescribed  in  section  25  of  this  Article,  and  hold  their 
offices  as  therein  provided,  and  they  shall  have  control,  regu- 
lation and  supervision  of  the  Fire  Department  and  matters 
relating  to  the  same,  and  shall  perform  such  other  duties  as 
may  be  required  by  ordinances  not  inconsistent  with  this 
Article.  One  of  said  three  persons  shall  be  designated  by  the 
Mayor  as  the  President  of  said  Board.  Each  member  of  said 
Board  shall  be  paid  a  salary  of  one  thousand  dollars  per 
annum,  payable  monthly.  They  shall  have  power  to  appoint 
all  subordinates  in  their  sub-department,  and  fix  their  compen- 
sation, not,  however,  to  exceed  in  number  of  employees  or 
aggregate  amount  of  compensation  the  limits  fixed  by  ordi- 
nance. 

70.  The  Board  of  Fire  Commissioners  of  the  City  of  Balti- 
more may  retire  from  office  in  the  Fire  Department  any  per- 
manent or  call  member  thereof  who  has  become  permanently 
disabled  while  in  the  actual  performance  of  duty,  or  who  has 
performed  faithful  service  in  the  department  for  a  period  of 
not  less  than  twenty  consecutive  years,  or  who  may  become 
unable  to  perform  further  service  by  reas(m  of  age  or  other 
physical  or  mental  disabilities,  and  place  the  member  so  retired 
upon  a  pension  roll.    And  said  Board  may  also  provide  for  the 


60 


relief  of  the  widows  and  children  of  firemen  who  may  be  killed 
in  the  discharge  of  duty.  The  amount  of  such  annual  pension 
to  be  allowed  by  said  Board  of  Fire  Commissioners  to  each 
pensioner  shall  l3e  equal  to  one-half  the  yearly  amount  then 
being  received  by  him,  for  service  in  said  department  at  the 
time  of  such  retirement,  per  annum,  payable  in  monthly 
installments. 

71.  The  Commissioner  of  Health  shall  be  the  head  of  the 
second  sub-department  of  Public  Safety.  He  shall  be  appointed 
by  the  Mayor,  in  the  mode  prescribed  in  section  25  of  this 
Ai'ticle,  and  hold  his  oifice  as  therein  provided.  It  shall  be 
his  duty  to  cause  all  ordinances  now  in  existence  or  which 
may  hereafter  be  enacted  for  the  preservation  of  the  health 
of  the  City  of  Baltimore,  not  inconsistent  with  this  Article,  to 
be  faithfully  executed  and  strictly  observed ;  and  all  power 
and  authority  now  lodged  in  the  Board  of  Health  in  said  City 
shall  be  and  the  same  is  hereby  transferred  to  the  Commis- 
sioner of  Health.  His  salary  shall  be  three  thousand  five 
hundred  dollars  per  annum,  payable  monthly,  and  he  shall  be 
a  physician  of  five  years'  experience  and  active  practice  at  the 
time  of  his  appointment.  He  shall  perform  such  duties  in 
this  department  as  are  now  required  or  may  hereafter  be 
prescribed  by  ordinances  not  inconsistent  with  this  Article. 
The  Commissioner  of  Health  may  appoint  two  Assistant 
Commissioners  of  Health,  a  Medical  Examiner  and  an 
Assistant  Medical  Examiner,  and  a  reasonable  number  of 
clerks  and  subordinates,  and  fix  their  compensation,  but  no 
greater  number  of  persons  shall  be  appointed  by  or  employed 
under  said  Commissioner  of  Health  than  the  public  interests 
demand  and  the  appropriation  by  the  Mayor  and  City  Council 
of  Baltimore  shall  justify. 

72.  There  may  be  appointed  by  the  Commissioner  of  Health, 
a  reasonable  number  of  Sanitary  Inspectors  for  said  City,  not 
exceeding  fifteen,  of  whom  two  may  be  physicians,  and  one,  at 
least,  shall  be  a  person  skilled  in  the  matters  of  drainage  and 
ventilation ;  and  the  Commissioner  of  Health  from  time  to  time 
may  prescribe  the  duties  of  each,  consistent  with  the  ordi- 
nances now  existing  or  hereafter  enacted,  and  not  inconsistent 
•with  this  Article. 

73.  The  Commissioner  of  Health  shall  appoint  all  inspec- 
tors and  analysts   of  bakeries,   bake  shops,   candy  factories, 


61 


confectioners  or  other  places  for  the  manufacture  of  bread, 
cakes,  confectionery  and  siniihir  food  products,  for  the  puri)ose 
more  especially  of  ascertaininj^^  their  sanitary  condition  and 
cleanliness,  and  for  the  purpose  of  ascertaining  the  purity, 
healthful ness  and  wholesomeness  of  the  flour,  sugar,  l)utter, 
lard  or  other  ingredients  used  in  making  such  l^read,  cakes, 
confectionery  and  other  articles  of  food  offered  for  sale  in  the 
City  of  Baltimore,  or  intended  for  consumption  therein,  as  by 
ordinance  may  be  prescribed. 

74.  The  Commissioner  of  Health  shall  appoint  all  inspec- 
tors and  analysts  for  the  proper  inspection  of  milk  or  any  and 
all  other  food  products  offered  for  sale  in  the  City  of  Baltimore, 
or  intended  for  consumjjtion  therein,  as  by  ordinance  may  be 
prescribed. 

75.  One  of  the  Assistant  Commissioners  of  Health,  who 
shall  be  a  legally  authorized  practicing  physician  in  good  stand- 
ing, shall  be  assigned  to  the  performance  of  the  duties  of  Quar- 
antine Hospital  Physician.  He  shall  reside  permanently  on 
the  grounds  attached  to  the  liosj)ital  on  the  southern  shore  of 
the  Patapsco  Eiver,  and  known  as  the  Quarantine  Hospital  of 
the  Port  of  Baltimore,  and  shall  superintend  all  the  affairs  of 
the  hospital  and  the  adjacent  grounds,  under  the  direction  of 
the  Commissioner  of  Health.  Whatever  powers  have  been 
heretofore  granted  by  the  Mayor  and  City  Council  of  Baltimore, 
in  regard  to  quarantine  regulations,  to  the  Board  of  Health,  are 
hereby  transferred  to  the  Commissioner  of  Health,  subject  to 
alteration,  amendment  or  repeal  by  ordinances  not  inconsistent 
with  this  Article. 

76.  In  consideration  of  the  duties  to  be  performed  by  one  of 
the  Assistant  Commissioners  of  Health  as  Quarantine  Hospital 
Physician,  said  officer  shall  hereafter  receive,  in  lieu  of  all 
commissions  and  fees,  a  salary  of  three  thousand  dollars  per 
annum,  payable  monthly,  and  he  may  occupy  the  dwelling  on 
the  hospital  grounds  free  of  charge,  but  all  expenses  incurred 
for  his  support,  or  that  of  his  family,  shall  be  defrayed  out  of 
his  salary.  The  other  Assistant  Commissioner  of  Health  shall 
be  allowed  a  salary  of  two  thousand  dollars  per  annum,  payable 
monthly. 

77.  The  Commissioner  of  Health  shall  annully  appoint  a 
Vaccine  Physician  for  every  ward  of  the  City  of  Baltimore,  who 


62 


shall  be  a  resident  of  the  ward  for  which  he  may  be  appointed, 
who  shall  vaccinate  in  his  ward  all  such  persons  as  may  be 
designated  by  the  Commissioner  or  Assistant  Commissioner  of 
Health  as  susceptible  to  smallpox  contagion,  and  whose  duty 
it  shall  be  to  visit  each  dwelling  house  in  the  ward  for  which 
he  is  appointed  and  vaccinate  every  person  who  may  be  pre- 
sented to  him  for  that  purpose,  and  to  be  prepared  at  his  office 
at  such  hours  as  may  be  designated  by  the  Commissioner  of 
Health  to  vaccinate  all  who  may  there  call  on  him  that  are 
resident  of  said  ward  requiring  vaccination.  He  shall  keep  a 
record  of  the  names,  ages  and  residences  of  all  whom  he  shall 
vaccinate  or  re-vaccinate,  and  report  the  same  monthly  under 
oath  or  affirmation  to  the  Commissioner  of  Health,  and  shall 
also  rejDort  to  said  Commissioner  of  Health  monthly  the  names 
of  all  jiersons  who  shall  refuse  to  suffer  themselves  or  the 
members  of  the  household  to  be  vaccinated  when  the  same 
shall  be  necessary.  He  shall  discharge  all  other  duties  which 
may  be  required  of  him  as  such  Vaccine  Physician  by  ordinances 
not  inconsistent  with  this  Article,  and  shall  also  discharge  the 
duties  of  Sanitary  Inspector  for  his  ward.  Each  Vaccine 
Physician  shall  be  paid  a  salary  of  not  more  than  nine  hundred 
dollars  per  annum,  to  be  fixed  by  the  Health  Commissioner, 
payable  monthly. 

78.  Each  of  the  said  Vaccine  Physicians  shall  act  as  health 
warden  of  his  respective  wards,  and  shall  sign,  without  charge, 
all  certificates  that  may  be  required  of  him  to  enable  children 
from  the  respective  vaccine  districts  to  enter  any  of  the  public 
schools  of  Baltimore ;  and  he  shall  have  a  general  supervision 
of  the  health  of  his  respective  wards,  and  report  to  the  Commis- 
sioner of  Health  any  nuisance  which  in  his  opinion  is  or  may 
become  a  source  of  disease,  and  in  case  of  the  manifestation  of 
any  contagious  disease,  he  shall  at  once,  under  the  direction  of 
the  Commissioner  of  Health,  proceed  to  use  such  means  as  the 
nature  of  the  case  may  demand,  to  arrest  its  progress. 

79.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
third  sub-department  of  Public  Safety.  He  shall  be  an  archi- 
tect or  builder  of  ten  years'  experience  in  the  active  practice  of 
his  profession  and  have  had  responsible  charge  of  work  for  at 
least  that  length  of  time.  He  shall  be  appointed  by  the  Mayor 
in  the  mode  prescibed  in  section  25  of  this  Article,  and  hold 
his  office  as  therein  provided,  and  under  this  department  he 


63 


shall  Lave  the  supervision  of  the  constractiou  of  all  buildings 
erected  in  the  said  City,  and  shall  see  that  the  building  laws 
relating  to  the  construction  of  said  buildings  shall  be  complied 
with,  and  he  shall  preform  such  other  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article.  He 
shall  be  paid  a  salary  of  three  thousand  dollars  per  annum, 
payable  monthly. 

80.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
visit  and  inspect  all  theaters,  hotels,  public  halls,  churches, 
school-houses  and  buildings  used  for  public  assemblages,  and 
all  manufactories  employing  twenty-five  or  more  persons,  now 
erected  or  that  may  hereafter  be  erected  in  the  City  of  Baltimore, 
for  the  purpose  of  ascertaining  if  said  buildings  have  the 
proper  means  of  exit  in  case  of  fire  or  panic ;  and  if,  on  exami- 
nation, the  said  Inspector  of  Buildings  shall  determine  that 
said  buildings,  as  herein  enumerated,  have  not  the  proper 
means  of  exit  for  the  purposes  herein  prescribed,  then  it  shall 
be  the  duty  of  the  said  Inspector  of  Buildings  to  notify  in 
writing,  the  owners,  trustees  or  lessees  of  said  buildings  that 
the  proper  means  of  exit  do  not  exist,  and  direct  the  said 
owners,  trustees  or  lessees  of  said  buildings,  as  herein  enume- 
rated, to  so  improve  the  same  as  to  provide  the  proper  means 
of  exit,  in  case  of  fire  or  panic,  as  in  the  judgment  of  the  said 
Inspector  of  Buildings  he  may  deem  proper  and  necessary. 

81.  If  any  person  having  been  notified,  as  provided  in  the 
preceding  section,  shall  fail  to  comply  with  said  notice,  he 
shall,  after  the  expiration  of  thirty  days  from  the  date  of  said 
notice,  forfeit  and  pay  a  fine  of  one  hundred  dollars  for  non- 
compliance therewith,  and  twenty-five  dollars  per  day  for  each 
and  every  day  thereafter  that  he  shall  refuse  to  make  such 
improvements  as  prescribed  in  the  notice  so  given,  as  provided 

■  in  the  preceding  section ;  said  fines  to  be  collected  as   other 
fines  are  collected  by  law. 

82.  It  shall  be  the  duty  of  the  Inspector  of  Buildings  to 
■enforce  the  execution  of  all  existing  or  hereafter  enacted 
building  regulations  and  ordinances  relating  to  the  construc- 
tion, alteration  and  removal  of  buildings,  or  other  structures, 
walls  or  parts  of  buildings  or  other  structures.  The  Inspector 
of  Buildings  shall  have  power  to  appoint  such  assistants  and 
subordinates,  clerks  and  employees  as  are  or  may  hereafter  be 


64 


prescribed   by  ordinance,  and   fix   their   compensation,  not   to 
exceed  in  the  aggregate  the  amount  allowed  by  ordinance. 

83.  The  Commissioner  of  Street  Cleaning  shall  be  the  head 
of  the  fourth  sub-department  of  Public  Safety.  He  shall  be 
appointed  by  the  Mayor  in  the  mode  prescribed  in  section 
25  of  this  Article,  and  hold  his  office  as  therein  provided. 
He  shall  be  charged  with  the  duty  of  cleaning  the  streets,  as 
well  as  the  cleaning  of  the  sewers,  subject  as  to  the  latter  to 
the  direction  and  orders  of  the  City  Engineer;  and  shall  per- 
form such  other  duties  as  may  be  prescribed  by  ordinances 
not  inconsistent  with  this  Article.  He  shall  be  paid  a  salary 
of  two  thousand  five  hundred  dollars  per  annum,  payable 
monthly.  The  Commissioner  may  appoint  such  subordinates 
as  his  department  shall  require,  and  fix  their  compensation, 
not  to  exceed  in  the  aggregate  the  amount  appropriated  by 
ordinance. 

Department  of  Public  Improvements. 

84.  There  shall  be  a  Department  of  Public  Improvements 
of  the  Mayor  and  City  Council  of  Baltimore,  which  shall  con- 
sist of  the  City  Engineer,  Water  Board,  Harbor  Board  and 
Inspector  of  Buildings.     The  head  of  said  department  shall 
be  a  Board  of  Public  Improvements,  composed  of  the  City 
Engineer,  who  shall  be  President  of  said  Board,  the  President 
of  the  Water  Board,  the  President  of  the  Harbor  Board,  and 
the  Inspector   of   Buildings.     This  Board  shall  be   for  con- 
sultation   and  advice,   it  shall  have  no    power    to   direct    or 
control  the  duties  or  the  work  of  any  sub-department  under 
this  department.     It  shall  perform  such  other  duties   as  may 
be    rec[uired  of  it   by    ordinances  not    inconsistent  with  this 
Article.     Until    the    organization    of    said   Board    of    Public 
Improvements  by  the  Mayor  first  elected  under  the  provisions 
of  this  Article,  as  provided  in  Section  25  of  said  Article,  the 
City   Commissioner,  Engineer  of  the  Water  Board,  Engineer 
of  the  Harbor  Board  and   Inspector  of  Buildings,  shall   com- 
pose a  Board   to  perform  all  the  duties  required  of  the  said 
Board  of   Public    Improvements    by    the   provisions    of    this 
Article. 

85.  When  any  ordinance  for  a  public  improvement,  not 
included  in  the  ordinance  of  estimates  furnished  by  the  Board 
of  Estimates  under  the  provisions  of  this  Article,  exceeding  in 
cost  the    sum  of  two  thousand   dollars  has   passed  its  first 


I 

i 


65 


reading  in  the  Branch  of  the  City  Council  in  which  it  origi- 
nates, it  shall  be  referred  to  the  Board  of  Public  Improvements 
for  an  opinion,  in  writing,  as  to  its  advisability  and  whether  the 
wants  of  the  City  actually  require  such  an  improvement,  and 
by  the  last-named  Board  with  such  opinion  attached  to  said 
ordinance  it  shall  be  sent  to  the  Board  of  Estimates  for  its 
opinion,  in  writing,  as  to  the  probable  cost  of  the  same  and 
whether  the  financial  condition  of  the  City  will  justify  such  an 
expenditure.  No  further  action  with  regard  to  said  ordinance 
shall  be  taken  by  the  City  Council  until  such  reports  have  been 
made  and  submitted  to  both  Branches  of  the  City  Council  and 
read  and  entered  on  the  respective  journals  of  said  Branches. 
It  shall  be  the  duty  of  both  of  the  said  Boards  to  promptly 
make  the  said  reports  and  the  Boards  of  Estimates  shall 
return  the  same  attached  to  said  ordinance  to  the  City  Council. 

86.  The  City  Engineer,  w^ho  shall  be  the  head  of  the  first 
sub-department  of  Public  Improvements,  shall  be  appointed  by 
the  Mayor  in  the  mode  prescrilied  in  section  25  of  this  Article, 
and  hold  his  oflice  as  therein  provided.  He  shall  have  control 
and  supervision  of  the  streets,  highways,  lanes  and  alleys  of 
the  City  of  Baltimore,  both  as  to  their  construction,  paving  and 
curbing.  He  shall  construct  all  sewers,  unless  otherwise  pro- 
vided by  ordinance.  He  shall  be  a  civil  engineer  in  the  active 
practice  of  his  profession  for  five  years,  and  one  who  has  had 
responsible  charge  of  work  for  at  least  that  length  of  time.  He 
shall  perform  all  the  duties  heretofore  performed  by  the  City 
Commissioner  unless  otherwise  provided  in  this  Article.  He 
shall  receive  a  salary  of  four  thousand  dollars  per  annum, 
payable  monthly,  and  perform  such  other  duties  as  may  be 
prescribed  by  ordinances  not  inconsistent  with  this  Article. 
He  shall  have  power  to  appoint  such  subordinates  as  he  may 
require,  and  fix  their  compensation,  not,  however,  to  exceed  in 
number  or  compensation  the  limits  fixed  by  ordinance. 

87.  The  Water  Board  shall  be  the  head  of  the  second  sub- 
department  of  Public  Improvements,  and  shall  have  charge  of 
the  water  supply  to  the  inhabitants  of  the  City  of  Baltimore, 
and  shall  consist  of  five  persons  appointed  by  the  Mayor  in 
the  manner  prescribed  in  section  25  of  this  Article,  and  hold 
their  ofiices  as  therein  provided.  One  of  said  five  persons, 
who  shall  be  the  President  of  said  Board  and  known  as  the 
Water  Engineer,  and  so  named  by  the  Mayor,  shall  be  a  civil 

5 


66 


engineer  in  the  active  practice  of  liis  profession  for  five  years, 
and  who  has  had  responsible  charge  of  work  for  at  least  that 
period  of  time.  The  Water  Engineer  shall  receive  a  salary  of 
four  thousand  dollars  per  annum,  payable  monthly,  and  the 
other  members  of  said  Board  shall  serve  without  pay.  All 
subordinates  employed  in  said  su])-department  shall  be  ap- 
pointed by  the  Water  Engineer,  subject  to  the  approval  of  said 
Board ;  he  shall  fix  their  compensation  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance.  The  Water 
Engineer  and  Water  Board  shall  j)erform  such  other  duties  as 
are  now  or  may  hereafter  be  prescribed  by  ordinances  not 
inconsistent  with  this  Ai'ticle. 

88.  The  Harbor  Board  shall  be  the  head  of  the  third  sub- 
department  of  Public  Improvements,  which  shall  have  charge 
of  the  harbor,  wharves  and  navigable  waters  in  and  adjacent 
to  the    City  of   Baltimore.     It  shall  consist  of   five    persons 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section 
25  of  this  Article,  who  shall  hold  their  oflices  as  therein  pro- 
vided.    One  of  said  five  persons,  who  shall  be  the  President  of 
said  Boai'd  and  known  as  the  Harbor  Engineer,  and  so  named 
by  the  Mayor,  shall  be  a  civil  Engineer  in  the  active  practice 
of  his  profession  for  five  years,  and  who  has  had  responsible 
charge  of  work  for  at  least  that  period  of  time.     The  Harbor 
Engineer  shall  receive  a  salary  of  four  thousand  dollars  per 
annum,  payable  monthly,  and  the  other  members  of  said  Board 
shall  serve  without  pay.     All  subordinates  employed  in  said 
sub-department  shall  be  appointed  by  the  Harbor  Engineer, 
subject  to  the  approval  of  said  Board,  who  shall  fix  their  com- 
pensation, not  to  exceed  in  the  aggregate  the  amount  appropri- 
ated by  ordinance.     The  Harbor  Engineer  and  Harbor  Board 
shall  perform  such  other  duties  as  may  hereafter  be  prescribed 
by  ordinances  not  inconsistent  with  this  Article. 

89.  The  Inspector  of  Buildings  shall  be  the  head  of  the 
fourth  sub-department  of  Public  Improvements,  and  shall  be 
the  same  officer  whose  appointment  is  provided  for  herein  in 
the  Department  of  Public  Safety.  The  duties  he  shall  perform 
in  this  department  and  sub-department  shall  be  the  superin- 
tendence of  the  construction  and  repairing  of  all  buildings  built 
by  the  City,  unless  otherwise  provided  by  ordinances.  He 
shall  receive  no  additional  pay  for  his  services  rendered  in  this 
department.  He  shall  perform  such  other  duties  in  this 
department  as  may  be  required  of  him  by  ordinances  not 
inconsistent  with  this  Article. 


67 

Department  of  Public  Parks  and  Squares. 

90.  There  shall  be  a  Department  of  Public  Parks  and 
Squares  of  the  Mayor  and  City  Council  of  Baltimore.  The 
head  of  said  department  shall  consist  of  a  Board  of  Park 
Commissioners,  composed  of  five  members,  to  serve  without 
pay,  appointed  by  the  Mayor  in  the  manner  jarescribed  in 
section  25  of  this  Ai'ticle,  and  to  hold  their  offices  as  therein 
provided.  One  of  whom  shall  be  President  thereof,  and  shall 
be  so  designated  by  the  Mayor,  and  said  Board  shall  elect  a 
Secretary,  who  shall  he  paid  a  salary  of  one  thousand  five 
hundred  dollars  per  annum,  payable  monthly,  and  he  shall  be 
the  clerk  of  said  Board,  and  shall  perform  such  duties  as  may 
be  prescribed  by  said  Board.  The  said  Board  shall  perform 
such  other  duties  as  may  be  prescribed  by  ordinances  not 
inconsistent  with  this  Ai-ticle. 

91.  The  Board  of  Park  Commissioners  shall  have  charge 
and  control  of  all  j)ublic  parks,  squares,  springs  and  monu- 
ments belonging  to,  controlled  by  or  in  the  custody  of  the 
Mayor  and  City  Council  of  Baltimore. 

92.  The  Board  of  Park  Commissioners  shall  have  power 
from  time  to  time  to  make  such  rules  and  regulations  for  the 
government  and  preservation  of  order  within  the  parks, 
squares,  springs  and  monuments  belonging  to,  controlled  by, 
or  in  the  custody  of  the  Mayor  and  City  Council  of  Baltimore, 
as  it  may  deem  expedient.  To  carry  out  such  regulations,  fines 
not  exceeding  in  any  one  case  one  hundred  dollars  shall  be 
imposed  for  breaches  of  said  rules  and  regulations,  which  fines 
shall  be  recoverable  as  other  fines  are  in  the  name  of  the  City, 
and  said  amounts  so  recovered  shall  be  used  and  appropriated 
to  the  purposes  of  the  Board  of  Park  Commissioners. 

93.  The  Board  of  Park  Commissioners  is  authorized  and 
empowered  to  regulate  the  speed  of  vehicles  and  equestrians 
wdthin  one  mile  of  the  approach  and  within  the  limits  of  said 
parks  and  squares,  and  to  impose  the  fines  provided  for  in  the 
preceding  section  for  the  violation  of  any  regulations  it  may 
establish  in  this  connection,  to  be  recovered  as  therein  pro- 
vided. 

94.  The  several  members  of  the  said  Board  of  Park  Com- 
missioners shall  have  the  power  of  conservators  of  the  peace 
within  the  limits  of  said  parks  and  squares. 


68 

95.  The  Board  of  Police  Commissioners  of  Baltimore  City 
is  directed  at  the  request  of  the  Board  of  Park  Commis- 
sioners to  detail  from  time  to  time  such  of  the  regular  police 
force  of  said  City  as  the  said  Board  of  Park  Commissioners 
may  deem  necessary  tor  the  preservation  of  order  within  said 
parks  and  squares,  according  to  the  regulations  aforesaid, 
which  policemen  shall  be  under  the  direction  of  said  Board  of 
Park  Commissioners,  and  shall  have  the  same  power  in  said 
parks  and  squares  that  the  police  of  the  City  of  Baltimore  have 
as  conservators  of  the  peace  in  Baltimore  City  or  elsewhere. 

96.  In  addition  to  the  powers  now  or  hereafter  conferred 
upon  the  Board  of  Park  Commissioners,  it  is  authorized  to 
form  zoological  collections  within  the  limits  of  said  parks  or 
squares  by  the  purchase  and  collection  of  live,  wild  or  other 
animals,  for  the  purpose  of  public  exhibition  for  the  instruction 
and  recreation  of  the  people,  with  power  to  make  contracts  in 
regard  thereto ;  and  shall  be  capable  at  law  to  hold,  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore,  and  at 
pleasure  to  dispose  of  gifts,  devises  and  other  property  for  the 
use  of  said  collections. 

97.  The  said  Board  of  Park  Commissioners  shall  have  full 
power  to  employ  and  compensate  all  persons  whom,  in  its 
judgment,  it  may  deem  proper,  in  maintaining  and  supporting 
such  parks,  squares,  springs  and  monuments,  or  any  other 
buildings,  collection,  garden  or  reservation  provided  for  in 
this  Article.  The  distribution  of  the  park  fund  for  the  main- 
tenance of  the  difierent  parks  and  squares  shall  be  made  by 
the  Park  Commissioners  ;  provided,  nothing  contained  in  this 
Section  or  elsewhere  in  this  Article  shall  be  taken  or  construed 
to  exempt  the  said  Board  of  Park  Commissioners  from  a  full 
compliance  with  all  the  requirements  of  Section  36  of  this 
Ai'ticle,  and  the  said  Board  of  Park  Commissioners  shall 
spend  no  part  of  said  park  fund  unless  such  expenditure  is 
authorized  and  included  in  the  annual  ordinance  of  estimates  ; 
and  provided  further,  the  Board  of  Park  Commissioners  who 
go  into  office  on  the  first  day  of  March,  in  the  year  1900, 
shall  make  such  report  to  the  Board  of  Estimates  as  soon 
thereafter  as  possible,  which  report  shall  include  all  expendi- 
tures to  be  made  by  said  Board  of  Park  Commissioners  for 
the  remainder  of  the  current  fiscal  year,  and  the  Board  of 
Estimates  shall  prepare  and  submit  to  the  City  Council  a 
supplemental  ordinance  of  estimates,  to  include   the  amount 


69 

which  the  said  Board  of  Estimates  may  deem  proper  to  be 
spent  by  said  Board  of  Park  Commissioners  for  the  remainder 
of  said  current  fiscal  year. 

98.  The  night  watchmen  employed  by  the  Board  of  Park 
Commissioners  shall  have,  while  on  duty,  the  same  power 
that  police  in  said  City  have  as  conservators  of  the  peace. 

Department  of  Education. 

99.  There  shall  be  a  Department  of  Education  of  the 
Mayor  and  City  Council  of  Baltimore.  The  head  of  said 
department  shall  consist  of  a  Board  of  School  Commissioners 
composed  of  nine  persons,  who  shall  serve  without  pay,  and 
who  shall  be  appointed  by  the  Mayor  in  the  mode  prescribed 
in  Section  25  of  this  Article,  and  removable  as  therein  pro- 
vided. One  of  said  Commissioners  shall  be  President  of  said 
Board  and  so  designated  by  the  Mayor  when  appointed. 
Their  term  of  ofiice  shall  be  six  years,  three  of  them  to  retire 
at  the  end  of  every  two  years.  The  Board  first  appointed  shall 
determine  by  lot  their  term  of  office,  so  as  to  provide  for  the 
retirement  in  the  succeeding  two  and  four  years  of  three  of 
their  number.  The  members  of  said  board  shall  be  residents 
of  the  City  of  Baltimore  for  at  least  one  year  and  citizens  of 
the  State  of  Maryland  for  at  least  five  years  prior  to  their 
appointment.  The  members  of  said  board  shall  be  chosen  by 
the  Mayor  from  among  those  he  deems  most  capable  of  pro- 
moting the  interests  of  public  education,  by  reason  of  their 
intelligence,  character,  education  or  business  habits.  In  the 
selection  of  members  of  said  Board  and  in  their  action  in  the 
administration  of  the  public  schools,  ecclesiastical  and  party 
ties  ^hall  not  be  regarded,  so  that  the  public  schools  may  be 
entirely  out  of  the  field  of  political  and  religious  difterences 
and  controversies.  The  said  Board  shall  confirm  or  reject  all 
nominations  of  teachers  made  to  it,  as  hereinafter  provided  by 
the  Superintendent  of  Public  Instruction  and  his  Assistants. 
It  shall  not  confirm  the  appointment  of  any  teacher  whose 
name  does  not  appear  uj^on  the  graded  list  hereinafter  provided 
for.  All  ofiicers,  secretaries,  clerks  and  employees  shall  be 
appointed  by  said  Board,  and  may  be  removed  by  it  at  pleasure, 
and  any  teacher  may  be  removed  by  said  Board  on  the  recom- 
mendation of  the  Superintendent  of  Public  Instruction  after 
charges  preferred  and  trial  had.  The  salary  of  all  officers, 
teachers,  secretaries,  clerks  and  employees  shall  be  fixed  by 


70 

said  Board,  not  to  exceed  in  the  aggregate  the  amount  appro- 
priated by  ordinance.  Whenever  the  construction  of  a  new 
school-house  or  the  enlargement  and  repairs  of  an  old  school- 
house  is  authorized,  the  instructions  of  the  Board  of  School 
Commissioners  shall  be  regarded  by  the  Inspector  of  Buildings 
in  the  preparation  of  his  plans,  and  no  plans  shall  be  finally 
adopted  without  the  concurrence  of  said  Board.  All  text-books, 
stationery  and  furniture  required  for  the  public  schools  shall 
be  purchased  by  the  said  Board  after  a  compliance  with  all  the 
requirements  of  sections  14  and  15  of  this  Article  except  the 
requirement  of  said  section  as  to  the  Board  to  open  and  award 
said  contracts. 

100.  The  said  Board  shall  appoint  the  Principal,  Professors, 
Tutors  and  Instructors  of  the  City  College,  the  Principals, 
Tutors  and  Instructors  of  the  Polytechnic  Institutes,  and  of 
the  High  Schools.  It  shall  also  aj^point  a  Superintendent  of 
Public  Instruction  and  one  or  more  Assistant  Superintendents 
of  Public  Instruction,  one  of  whom  shall  be  the  first  Assistant, 
and  shall  act  as  Supei'intendent  of  Public  Institution  if 
that  officer  is  disabled.  The  said  Superintendents  shall  all  be 
persons  of  education  and  experience  in  the  management  of 
schools,  and  they  shall  be  not  less  than  twenty-five  years  of 
age,  at  the  time  of  their  appointment,  and  shall  discharge  the 
duties  herein  prescribed  and  such  other  duties  as  the  said 
Board  may  direct.  In  order  to  secure  the  continuance  of  local 
interest  in  and  oversight  of  the  jDublic  schools,  there  shall  be 
appointed  annually  by  said  Board  such  number  of  unpaid 
School  Visitors  as  may  be  found  requisite.  One  or  more  of 
these  Visitors  shall  be  assigned  to  every  school,  and  every 
Visitor  so  assigned  shall  be  a  resident  or  engaged  in  business, 
within  half  a  mile  of  the  school  to  which  he  or  she  is  assigned, 
so  that  the  parents  and  inhal^itants  of  every  neighborhood 
may  have  easy  access  to  an  official  of  the  public  schools.  The 
said  Visitors  shall  perform  the  duties  hereinafter  prescribed, 
and  such  other  duties  as  the  said  Board  may  direct.  The  said 
Board  may  also  appoint  a  Sujjervisor  of  the  Heating,  Plumb- 
ing and  Ventilation  of  School  Buildings,  to  be  known  as 
Supervisor  of  School  Buildings,  who  shall,  in  addition  to  the 
supervision  of  school  buildings  in  respect  to  their  heating, 
plumbing  and  ventilating,  perform  such  other  duties  as  the 
Board  may  direct. 


71 


101.  The  duties  of  the  Supermtendent  of  Public  Instruc- 
tion and  Assistant  Superintendents  of  Public  Instruction  shall 
include  the  examination  of  teachers  and  their  nomination  to 
the  Board  of  School  Commissioners  for  appointment  or  pro- 
motion, and  the  supervision  of  schools,  and  the  study  and 
suggestion  of  methods  by  which  the  public  school  system  of 
the  City  of  Baltimore  may  be  maintained  and  improved.  They 
shall  hold  regular  meetings  as  a  Board  of  Superintendents  of 
Public  Instruction  and  keep  a  record  of  the  same,  which  shall 
be  submitted  to  the  Board  of  School  Commissioners.  For  the 
work  of  supervision  and  examination,  standing  committees 
shall  be  designated  by  the  Superintendent  of  Public  Instruc- 
tion annually.  Of  every  such  committee,  the  Superintendent 
of  Public  Instruction  or  the  First  Assistant  Superintendent  of 
Public  Instruction,  or  both,  shall  be  members  ex  officio,  and 
the  number  of  additional  members  shall  be  determined  from 
time  to  time,  as  circumstances  may  require.  Every  school 
shall  be  visited  at  frequent  intervals  by  the  Superintendent  of 
Public  Instruction  or  one  of  the  Assistant  Superintendents  of 
Public  Instruction,  and  written  reports  on  its  condition  shall 
be  filed  in  the  office  of  the  Superintendent  of  Public  Instruc- 
tion, with  such  recommendations  as  circumstances  may  call 
for.  It  shall  be  the  duty  of  the  Superintendent  of  Public 
Instruction  and  his  Assistants,  to  devote  their  services  exclu- 
sively to  the  public  schools  under  such  regulations  as  the 
Board  of  School  Commissioners  may  prescribe.  It  shall  be 
the  duty  of  the  said  Superintendent  of  Public  Instruction, 
with  the  aid  of  the  Supervisor  of  School  Buildings,  to  ascer- 
tain the  sanitary  condition  of  every  school,  and  to  report  to 
the  proper  authorities  what  repairs  or  improvements  are  neces- 
sary. It  shall  be  the  duty  of  the  Superintendent  of  Public 
Instruction  and  his  Assistants,  as  examiners,  to  ascertain,  by 
appropriate  committees,  aiDpointed  as  hereinbefore  ]3rovided, 
the  training,  knowledge,  aptness  for  teaching,  and  character  of 
every  future  candidate  for  the  place  of  a  teacher,  and  to  report 
to  the  Board  of  School  Commissioners  graded  lists  of  those 
whom  they  deem  qualified  for  appointment,  from  which  graded 
lists  all  nominations  of  teachers  shall  be  made  by  the  Superin- 
tendent of  Public  Instruction  and  his  Assistants  to  the  Board 
of  School  Commissioners.  All  such  nominations  of  teachers 
shall  be  made  in  the  order  in  which  the  names  of  the  nominees 
appear  upon  such  graded  lists.  In  the  preparation  of  these 
graded  lists,  the  Superintendent  of  Public  Instruction  and  his 
Assistants    shall    ascertain   by   competitive    examinations    the 


72 

relative  qualifications  of  those  candidates  who  desire  appoint- 
ment, and  shall  place  the  names  of  the  accepted  candidates 
upon  said  graded  lists  in  the  order  of  their  relative  qualifica- 
tions, so  ascertained  by  such  competitive  examination.  It  shall 
be  their  duty  to  advise  the  Board  of  School  Commissioners 
whenever  called  upon,  or  whenever  they  think  it  important,  in 
respect  to  the  course  of  studies,  text-books,  or  methods  of 
instruction.  Whenever  the  Superintendent  of  Public  Instruc- 
tion and  his  Assistants  are  in  doubt  what  course  to  pursue, 
they  shall  ask  instructions  from  the  Board  of  School  Commis- 
sioners, to  whom  they  may  present  a  majority  and  minority 
report,  and  the  decision  of  the  Board  of  School  Commissioners 
shall  be  final.  The  Superintendent  of  Public  Instruction  and 
his  Assistants  shall  perform  such  other  duties  as  may  be 
prescribed  by  order  of  the  Board  of  School  Commissioners 
not  inconsistent  with  this  Article. 

102.  It  shall  be  the  duty  of  the  School  Visitors,  herein- 
before provided  for,  to  visit  the  schools  to  which  they  are 
assigned,  and  to  rejjort  upon  their  condition  at  least  once  in 
every  quarter,  and  oftener  if  they  think  it  desirable.  In  case 
of  an  emergency  requiring  attention,  they  shall  immediately 
notify  the  superintendent  of  Public  Instruction.  The  said 
School  Visitors  may  be  called  together  by  the  Board  of  School 
Commissioners  or  the  Superintendent  of  Public  Instruction 
whenever  the  interests  of  the  schools  require  it,  or  whenever  it 
is  thought  important  for  the  ofiice  of  a  Visitor  to  be  defined, 
the  organization  of  the  school  system  to  be  considered,  and 
the  characteristics  of  a  good  school  to  be  clearly  stated  to 
them.  They  shall  perform  such  other  duties  as  the  Board  of 
School  Commissioners  may  prescribe,  not  inconsistent  with 
this  Article. 

Department  of  Charities  and  Corrections. 

103.  There  shall  be  a  Department  of  Charities  and  Correc- 
tions of  the  Mayor  and  City  Council  of  Baltimore,  which  shall 
consist  of  the  Supervisors  of  City  Charities  and  the  Visitors 
to  the  City  Jail.  The  head  of  the  Department  of  Charities 
and  Corrections  shall  be  a  Board  of  Charities  and  Corrections 
composed  of  the  President  and  one  other  of  the  Supervisors 
of  City  Charities,  the  President  and  one  other  of  the  Visitors 
to  the  City  Jail,  and  the  Mayor  ex  officio.  The  Supervisors  of 
City  Charities  and  the  Visitors  to  the   City  Jail   shall  each 


73 


designate  their  representative  member.  The  President  of  the 
Supervisors  of  Citj  Charities  shall  be  President  of  the  Board 
of  Charities  and  Corrections.  This  Board  shall  be  for  consul- 
tation and  advice,  but  it  shall  have  no  power  to  direct  or  con- 
trol the  duties  or  work  of  any  sul3-department  under  this 
department.  It  shall  perform  such  other  duties  as  may  be 
required  of  it  by  ordinances  not  inconsistent  with  this  Article. 

104.  The  Supervisors  of  City  Charities  shall  be  the  first 
sub-department  of  Charities  and  Corrections,  and  the  head  of 
this  sub-department  shall  be  a  board  composed  of  nine  persons, 
appointed  by  the  Mayor  as  provided  in  section  25  of  this 
Article,  who  shall  be  removable  as  therein  provided.  Their 
term  of  office  shall  be  for  six  years,  three  of  them  to  retire  at 
the  end  of  every  two  years ;  except  that  the  Supervisors  first 
appointed  shall  determine  by  lot  their  terms  of  office,  so  as  to 
provide  for  the  termination  of  the  term  of  three  Supervisors 
each  at  the  end  of  the  first  two  and  four  years.  The  said 
Supervisors  shall  have  been  citizens  of  Maryland  for  at  least 
five  years,  and  residents  of  the  City  of  Baltimore  for  at  least 
one  year  prior  to  their  nomination.  The  Mayor,  in  the 
appointment  of  said  Supervisors,  shall  designate  one  of  their 
number  as  President,  and  the  Supervisors  shall  elect  a  Secre- 
tary, who  shall  be  paid  a  salary  of  one  thousand  five  hundred 
dollars  per  annum,  payable  monthly,  and  shall  discharge  such 
duties  as  the  Supervisors  shall  prescribe.  The  said  Super- 
visors shall  serve  without  pay.  They  shall  be  appointed  by 
the  Mayor  from  among  those  whom  he  deems,  by  reason  of 
their  intelligence,  experience  and  character,  to  be  most  capable 
of  caring  for  the  poor,  economically,  intelligently  and  humanely. 
In  the  selection  of  said  Supervisors  and  in  their  action,  in 
matters  relating  to  the  duties  imposed  upon  them  by  law  or 
ordinance,  ecclesiastical  or  party  ties  shnll  not  be  regarded,  so 
that  the  care  of  the  poor  may  be  entirely  out  of  the  field  of 
political  or  religious  diflerences  and  controversies.  The  duty 
of  said  Supervisors  shall  be  to  determine  what  sick,  insane  or 
other  destitute  persons  are  proper  charges  on  the  City,  and  to 
provide  for  the  proper  care  of  such  persons,  in  so  far  as  money 
may  be  appropriated  for  that  purpose  by  the  City.  The  Super- 
visors shall  have  the  power  to  appoint  and  fix  the  compensation 
of  such  officials  and  subordinate  employees  as  they  may  deem 
necessary  for  the  proper  conduct  of  the  business  entrusted  to 
them,   not  to  exceed   in   number  of  employees   or  aggregate 


74 

amount  of  compensation  the  limit  fixed  by  ordinance.  The 
Supervisors  shall  report  annually  to  the  City  upon  all  depart- 
ments of  their  work,  including  the  work  of  those  institutions 
with  which  the  City  has  contracted  for  the  care  of  any  poor 
persons,  and  they  shall  perform  all  the  duties  heretofore  per- 
formed by  the  Trustees  of  the  Poor  unless  otherwise  provided 
in  this  Article. 

105.  All  appropriations  by  the  Mayor  and  City  Council  of 
Baltimore  for  the  treatment,  care  or  support  of  the  indigent 
poor  in  institutions  not  owned  by  the  City,  or  for  dispensary 
treatment  shall  be  by  contract,  in  which  the  City  shall  agree 
to  pay  so  much  per  capita  for  persons  placed,  treated  or  pre- 
scribed for  in  such  institvitions  or  dispensaries  so  contracting 
with  the  City,  and  in  no  case  shall  a  gross  sum  be  paid  to  any 
such  institution  or  dispensary.  Every  such  contract  shall 
contain  a  stipulation  that  the  City  shall  incur  no  obligation 
therefrom  for  any  amount  not  provided  for  or  in  excess  of  the 
appropriation  made  for  the  fiscal  year  in  carrying  out  such 
contract.  No  public  moneys  shall  be  paid  to  any  institution  or 
dispensary  for  the  treatment,  care  or  support  of  any  person 
until  the  said  Supervisors  have  determined  and  certified  in 
writing  that  such  person  is  a  proper  subject  of  municipal  aid. 

106.  No  appropriation  shall  be  made  or  money  expended 
for  the  maintenance,  outside  of  the  Almshouse  or  other  City 
home,  of  any  adult  poor  person  or  persons,  except  the  sick, 
insane  or  other  special  classes  requiring  special  treatment,  or 
homeless  persons  requiring  temporary  care  only ;  provided,  the 
City  has  adequate  accommodations  at  the  Almshouse  or  other 
City  home.  All  poor  persons  who,  in  the  judgment  of  said 
Supervisors,  require  special  care  or  treatment  outside  of  a  City 
institution,  may  be  placed  by  said  Supervisors  in  any  institution 
or  institutions  with  which  the  City  has  contracted  for  such 
care  or  treatment,  which  they,  in  the  exercise  of  their  judgment, 
after  careful  inspection  and  inquiry,  shall  deem  best  fitted  to 
give  the  necessary  care  or  treatment. 

107.  The  Mayor  and  City  Council  of  Baltimore,  through 
the  said  Supervisors,  shall  have  care  and  supervision  over  such 
children  as  shall  be  committed  to  or  placed  in  those  institutions 
with  which  the  City  may  have  contracted  and  as  shall  have 
been  diily  accepted  by  said  Supervisors  as  proper  charges  on 


75 


the  Citj.  Said  Supervisors  shall  have  power  to  remove  any 
child  from  any  such  institution  to  which  he  or  she  has  been 
committed  or  placed,  and  to  place  said  child  in  any  other  such 
institution,  when  it  is  apparent  to  the  Supervisors  that  from 
improper  treatment  or  for  other  good  cause,  the  welfare  of  the 
child  requires  such  removal.  No  such  child  shall  be  discharged 
from  the  institution  to  which  he  or  she  shall  have  been  com- 
mitted or  placed  (unless  by  direction  of  a  court  of  competent 
jurisdiction),  or  be  transferred  to  any  other  institution,  or  to 
the  care  of  any  individual,  without  the  approval  and  consent 
of  the  said  Supervisors.  It  shall  be  the  duty  of  the  Super- 
visors, as  far  as  is  practicable,  to  place  all  destitute  or  neglected 
children  who  are  under  their  care  or  in  their  charge,  in  some 
institution  or  home  for  children,  or,  without  payment  of  board 
in  some  respectable  family  in  the  State  of  Maryland,  and  to 
have  the  children  visited,  and  their  circumstances  carefully 
examined  at  least  once  in  every  six  mouths  by  one  of  the 
Supervisors  or  by  a  skilled  agent  or  agents  appointed  by  them 
for  the  purpose.  On  the  preliminary  question  of  the  commit- 
ment of  any  destitute  or  neglected  child,  said  Supervisors,  or 
their  agent,  shall  be  summoned  by  the  committing  officer  and 
heard  as  to  whether  the  parent  or  guardian  of  the  child  to  be 
committed  is  entitled  to  the  aid  of  the  City,  and  if  on  the 
return  of  the  summons  of  the  said  Supervisors,  or  their  agent, 
further  time  is  required  by  them,  or  him,  to  make  inquiry  as  to 
the  pecuniary  ability  of  said  parent  or  guardian,  further  time, 
not  exceeding  tweuty-four  hours,  shall  be  given.  The  wish  and 
request  of  the  parent  or  guardian  as  to  the  place  of  commit- 
ment shall  be  respected,  unless  good  cause  to  the  contrary  be 
shown  by  the  Supervisors.  The  Supervisors  of  City  Charities 
shall  have  power  to  place  foiindlings  in  any  proper  institution 
with  which  tlie  City  has  a  contract. 

108.  The  Supervisors  may  admit  into  the  Almshouse  and 
receive  under  their  care,  in  addition  to  those  paupers  which 
the  laws  of  this  State  authorize  and  require,  such  indigent  or 
distressed  persons  as  in  their  opinion  the  dictates  of  humanity 
or  particular  circumstances  render  proper  or  necessary.  In 
cases  of  emergency  any  Supervisor  may  direct  the  admission 
of  any  destitute,  indigent  or  distressed  person  to  the  Alms- 
house. 

109.  The  Supervisors  shall  prescribe,  provide  for,  and 
direct  all  matters  relating  to  the  support,  treatment  and  employ- 


76 


ment  of  all  paupers,  vagrants  and  other  persons  in  the  Alms- 
house, or  an}'  other  place  under  their  care  and  charge. 

110.  The  Supervisors  shall  procure,  or  erect  and  use  all 
such  machinery,  materials  and  implements  as  thej  shall  think 
proper  or  necessary  for  any  purpose  connected  with  their 
duties  or  the  exercise  of  the  powers  vested  in  them. 

111.  The  Supervisors  shall  meet  at  the  Almshouse  five  times 
in  the  year,  to  wit :  in  the  first  week  of  February,  April,  June, 
October  and  December,  or  oftener,  if  they  shall  deem  it  neces- 
sary; and  shall  make  by  a  majority  of  votes  of  such  as  may 
be  present,  all  such  good  and  wholesome  rules  and  by-laws  as 
they  may  think  necessary  and  convenient  for  the  maintenance 
and  employment  of  the  inmates  of  said  Almshouse. 

112.  Upon  complaint  made  to  the  Supervisors  by  the  Super- 
intendent of  said  Almshouse,  and  due  proof  thereof,  that  any 
pauper  in  said  Almshouse  has  behaved  in  a  disorderly  manner, 
or  has  neglected  to  obey  and  keep  any  of  the  rules  and  by- 
laws, the  Supervisors  may  order  and  direct  such  moderate  and 
proper  correction  for  any  such  ofience  as  the  nature  of  the  case 
may  require. 

113.  The  Supervisors  shall  meet  at  the  Almshouse  on  the 
first  Monday  of  April,  yearly,  and  appoint  a  Superintendent  of 
said  Almshouse,  who  shall  receive  a  salary  of  one  thousand 
six  hundred  dollars  per  annum,  payable  monthly.  They  shall 
require  such  Superintendent  to  enter  into  bond  with  sufficient 
security,  payable  to  the  Mayor  and  City  Council  of  Baltimore, 
in  the  penalty  of  five  hundred  dollars,  for  the  faithful  perform- 
ance of  the  duties  of  his  office. 

114.  In  addition  to  such  other  duties  as  the  Supervisors 
may  prescribe,  the  Superintendent  shall  keep  a  regular  list  of 
all  poor,  beggars,  vagrants,  vagabonds  and  offenders  who  shall 
be  committed  to  said  Almshouse,  and  also  regulate  accounts, 
in  writing,  of  all  materials  and  other  things  which  may  come 
to  his  hands,  and  of  all  expenses  and  charges  attending  their 
maintenance  and  support,  and  of  all  moneys  received  by  him 
for  the  sale  of  the  produce  of  their  labor,  and  otherwise,  as 
Superintendent,  and  shall  lay  the  same  before  the  Supervisors 
annually  and  whenever  required. 


77 

115.  The  Supervisors  may  appoint  a  Purveyor  of  Provisions 
to  said  Almshouse,  and  fix  his  sahiry  at  a  sum  not  to  exceed 
fifteen  hundred  dolhirs  per  annum.  It  shall  be  the  duty  of 
said  Purveyor  to  provide  and  furnisli  provisions  to  said  Ahns- 
house  under  the  direction  of  said  Supervisors,  to  whom  he 
shall  annually  return  a  statement  or  account  of  his  receipts  and 
expenditures,  to  be  examined  and  passed  at  their  discretion. 

116.  The  Supervisors  shall  require  the  said  Purveyor  to  give 
bond  and  security  to  be  approved  by  them,  and  in  such  penalty 
as  they  shall  direct,  conditioned  for  the  faithful  performance  of 
the  trusts  reposed  in  him,  and  upon  failure  to  comply  with  the 
conditions  thereof,  they  may  direct  said  bonds  to  be  put  in 
suit,  and  any  sum  of  money  recovered  in  such  suits  shall  be 
applied  to  the  use  of  said  Almshouse. 

117.  None  of  the  foregoing  provisions  in  sections  104  to 
116  inclusive,  shall  apply  to  offenders,  juvenile  or  adult. 

118.  The  Visitors  of  the  .Jail  shall  be  the  second  sub- 
department  of  Charities  and  Corrections,  and  the  head  of  this 
sub-department  shall  be  a  board  consisting  of  nine  persons, 
appointed  by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  who  shall  hold  their  offices  as  therein  provided. 
They  shall  serve  without  pay.  One  of  their  number  shall  be 
designated  by  the  Mayor,  who  shall  be  President  of  said 
Visitors,  and  the  said  Visitors  shall  elect  from  their  number  a 
Secretary.  The  Visitors  to  the  Jail  shall  have  charge  and  con- 
trol, supervision  and  regulation,  of  the  Baltimore  City  Jail  and 
all  reformatory,  criminal  and  penal  institutions  belonging  to 
the  City.  They  shall  also  have  supervision  over  those  persons 
committed  to  the  criminal,  penal  and  reformatory  institutions 
with  which  the  Mayor  and  City  Council  of  Baltimore  have  con- 
tracts. The  Visitors  to  the  Jail  shall  have  the  power  to  pass 
rules  and  regulations  for  their  own  government  and  for  the 
government  of  the  Baltimore  City  Jail  and  the  aforesaid  insti- 
tutions belonging  to  the  City,  not  inconsistent  with  this  Ai'ticle, 
and  shall  perform  such  other  duties  as  may  be  required  of 
them  by  ordinances  not  inconsistent  with  this  Article. 

119.  The  said  Visitors  shall  meet  on  the  first  Tuesday  of 
every  month  or  at  such  other  times  as  they  may  direct ;  special 
meetings  may  be  called  at  any  time  by  the  President,  or  any 


78 

two  members,  on  giving  three  days'  notice  in  writing  to  the 
members. 

120.  The  said  Visitors  shall  have  full  power  and  authority, 
as  often  as  they  may  deem  it  necessary,  to  visit  the  jail  and 
the  jDrisoners  confined  therein ;  to  make  by-laws  for  the  inter- 
nal police  and  good  government  thereof,  and  for  the  preservation 
of  the  buildings  and  other  proj^erty. 

121.  The  said  Visitors  shall  regulate  and  provide  the  diet 
of  the  prisoners,  procure  necessary  bedding  and  clothing  for 
their  use;  make  such  repairs,  alterations  and  improvements 
in  and  about  the  jail  as  they  may  deem  necessary,  and  provide 
medicine  and  attendance  for  such  of  the  prisoners  as  are  sick. 

122.  All  persons  confined  in  Baltimore  City  Jail,  under 
sentence  of  the  Criminal  Court  of  Baltimore,  for  offences 
punishable  by  confinement  therein,  or  committed  by  any  Judge, 
Court,  Justice  of  the  Peace,  or  other  lawful  authority  having 
jurisdiction  to  commit  such  person  to  said  jail,  either  as  a 
punishment  for  the  violation  of  any  law  or  ordinance,  or  under 
or  by  virtue  of  any  law  or  ordinance,  or  for  failure  to  pay  any 
fine  or  costs  imjDOsed  upon  such  person  by  any  such  Judge, 
Court,  Justice  of  the  Peace  or  other  lawful  authority,  shall  be 
kept  by  the  Visitors  to  the  Jail  at  hard  labor  in  some  useful 
employment.  The  said  Visitors  to  the  Jail  shall  frame  such 
regulations  as  shall  be  necessary  to  the  industry,  quiet  and 
discipline  of  such  persons,  and  shall  have  them  kept  separate 
from  persons  in  confinement  awaiting  trial,  or  for  other  causes. 

123.  The  said  Visitors  shall  also  require  all  vagrants  con- 
fined in  said  jail  to  work  and  labor  about  the  premises. 

124.  The  said  Visitors  may,  with  their  consent,  emplo}^ 
other  persons  confined  therein  in  such  work  and  labor  in  and 
about  the  premises  as  may  be  consistent  with  their  safe-keep- 
ing, and  shall  keep  an  account  of  the  earnings  of  such  persons, 
and  shall,  upon  their  discharge,  allow  them  two-thirds  of  the 
net  proceeds  thereof,  to  be  ascertained  by  the  Visitors. 

125.  The  said  Visitors  shall  keep  regular  books  of  accounts, 
in  which  the  whole  expenses  of  the  jail,  whether  for  supplies, 
salaries  of  officers,  repairs  or  incidentals,  shall  be  distinctly 
stated. 


79 


126.  The  said  Visitors  shall  appoint  a  fit  person  as  Warden 
of  the  Baltiraore  City  Jail.  They  shall  allow  the  said  Warden 
and  his  assistants  and  other  employees  and  servants  such  com- 
pensation as  in  their  judgment  is  proper,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance.  The  said 
Visitors  shall  at  their  will  and  pleasure  remove  the  said  Warden. 

127.  It  shall  be  the  duty  of  the  Warden  of  the  Baltimore 
City  Jail  to  take  charge  of  the  prison  and  prisoners  therein, 
and  exercise,  during  his  continuance  in  office,  the  same  powers, 
and  be  subject  to  the  same  forfeitures,  and  be  responsible  for 
escapes  in  the  same  manner,  and  to  the  same  extent,  as  sheriffs 
of  the  respective  counties,  and  he  shall  preform  such  other 
duties  as  shall  be  required  of  him  by  said  Visitors. 

128.  The  said  Warden,  before  he  enters  upon  the  duties  of 
his  office  shall  give  bond  to  the  State  with  good  security  to 
be  approved  by  the  Visitors,  in  the  penalty  of  ten  thousand 
dollars,  conditioned  for  the  faithful  performance  of  his  duty 
as  Warden,  and  for  the  safe-keeping  of  all  such  persons  as  shall 
be  committed  by  legal  authority  to  the  Baltimore  City  Jail, 
which  bond  shall  be  filed  with  the  Comptroller. 

129.  The  said  Warden  shall  also  take  and  subscribe  an 
oath  that  he  will  duly  and  faithfully  execute  the  duties  and 
trusts,  and  exercise  the  powers  committed  to  and  vested  in  him 
as  Warden  of  the  Baltimore  City  Jail. 

130.  The  Visitors  shall  prescribe  the  number  and  duties  of 
the  assistants  who  may  be  necessary  to  be  employed  by  said 
Warden,  but  the  Warden  shall  have  the  appointment  and 
removal  of  such  assistants,  subject  to  the  approval  of  the 
Visitors,  and  shall  fix  their  compensation,  not  to  exceed  in  the 
aggregate  the  amount  appropriated  by  ordinance. 

131.  All  commitments  of  prisoners  to  the  Baltimore  City 
Jail  shall  be  directed  to  the  Warden  of  said  jail,  whose  duty 
it  shall  be  to  receive  the  prisoners  from  the  officers  having 
them  in  charge. 

132.  The  Warden  shall  conduct  all  prisoners  in  his  custody 
to  and  from  the  courts,  when  the  said  courts  shall  direct  him 
to  do  so. 


80 

133.  The  Warden  shall  account  with  the  Visitors  for  all 
sums  of  money  which  he  may  collect  from  any  source  connected 
with  the  institution. 

134.  The  Visitors  shall  annually,  during  the  month  of 
January,  make  out  and  lay  before  the  Mayor  and  City  Council 
of  Baltimore  a  full  statement  of  all  the  public  money  received 
by  them  from  the  Eegister  of  the  said  City  or  from  any  other 
source,  and  the  manner  in  which  it  has  been  expended. 

135.  No  spirituous  or  malt  liquors  shall  be  disposed  of,  sold 
or  given  away  within  said  jail,  and  any  employee  or  servant  of 
said  jail  disposing  of,  selling  or  giving  away,  or  being  con- 
cerned with  others  in  the  disf)osal,  selling  or  giving  away  of 
any  spirituous  or  malt  liquors  as  aforesaid  to  any  person 
coming  to  said  jail  on  a  visit,  or  to  any  prisoner  confined 
therein,  or  to  any  other  person,  except  by  order  of  the  attend- 
ing physician,  shall  forfeit  and  pay  the  sum  of  one  hundred 
dollars,  to  be  recovered  by  indictment,  one-half  to  go  to  the 
informer,  and  the  other  half  to  be  applied  to  the  use  of  the 
City. 

136.  If  the  Warden  or  his  Assistant,  or  any  employee  or 
servant  of  said  jail,  shall  introduce  any  such  spirituous  or  malt 
liquors,  or  suffer  them  to  be  introduced  as  aforesaid,  knowing 
it  to  be  contrary  to  law ;  or  shall  permit  any  person  (with  the 
exception  of  the  attorney  of  a  person  confined  in  said  prison) 
to  enter  said  jail  without  license,  as  herein  provided,  each  and 
every  one  of  them  so  offending  shall  be  suspended  from  his 
office  and  be  incapable  of  holding  any  office  or  charge  within 
said  prison  for  the  space  of  one  year  thereafter. 

137.  No  person,  except  the  attorney  of  a  prisoner,  shall  be 
permitted  to  visit  a  prisoner  within  said  jail  or  lot,  unless  by 
special  license  from  the  Warden,  or  some  Judge,  or  other 
person  legally  authorized  to  give  the  same. 

138.  All  persons  hereafter  sentenced  to  be  imprisoned  in 
said  jail  for  offences  by  the  Criminal  Court  of  Baltimore  shall 
be  kept  on  prison  fare,  and  not  be  allowed  any  other  food  or 
drink,  unless  by  the  written  direction  of  the  physician  of  the 
jail. 


81 


139.  All  persons  who  shall  hereafter  be  convicted  of  any 
otieuse  j^unisliable  by  confinement  in  said  Baltimore  City  Jail, 
and  confined  in  said  jail  under  a  sentence  for  a  longer  period 
than  two  calendar  months,  shall  each  have  a  deduction  from 
their  several  terms  of  sentence  of  five  days  for  each  and  every 
calendar  month  during  which  no  charge  of  misconduct  shall 
have  been  sustained  against  them,  and  they  shall  be  discharged 
at  the  exj^iration  of  their  respective  terms  of  sentence,  less 
the  time  so  deducted,  and  a  certificate  of  the  Warden  of  said 
jail  of  such  deduction  shall  be  entered  on  the  warrant  of  com- 
mitment ;  provided,  that  if,  during  the  term  of  imprisonment^ 
the  prisoner  shall  commit  any  act  of  insubordinatian  or  other 
violation  of  discipline,  the  Visitors  to  the  Jail  may,  at  their 
discretion,  reduce  or  annul  entirely  such  deductions. 

140.  All  persons  confined  in  said  jail  under  the  provisions 
of  the  preceding  section  shall  be  kept  separate  from  such  per- 
sons as  are  in  confinement  for  offenses  other  than  those 
referred  to  in  the  preceding  section,  or  who  may  be  awaiting 
trial. 

141.  The  Warden  of  the  Baltimore  City  Jail  shall  prepare 
and  send  to  the  Judge  of  the  Criminal  Court  of  Baltimore,  on 
each  and  every  Saturday,  a  full  and  complete  list  of  the  names 
of  all  persons  who  are  committed  to  his  custody  by  the 
Justices  of  the  Peace  of  said  City,  either  as  vagrants  or  in 
default  of  security  to  keep  the  peace ;  and  the  Judge  of  the 
said  Court  shall  have  full  power  to  review  the  said  commit- 
ments ;  and  upon  examination  of  the  various  cases  so  reported 
to  him  by  the  Warden  of  the  Jail  as  aforesaid,  he  shall  dis- 
charge or  recommit  the  said  parties  for  a  term  not  to  exceed 
six  months,  as  in  his  discretion  may  be  most  conducive  to  the 
preservation  of  public  peace  and  order.  The  Justices  of  the 
Peace  of  the  City  of  Baltimore  are  prohibited  from  charging 
costs  in  the  cases  above  named,  unless  the  parties  are  recom- 
mitted by  order  of  the  Judge  of  said  Court. 

142.  When  any  person  arrested  in  the  City  of  Baltimore 
shall  be  held  in  custody  until  such  person  can  give  security  to 
keep  the  peace,  or  shall  be  committed  to  jail  or  the  House  of 
Correction  in  default  of  such  security,  such  person  shall  be 
chargeable  with  and  shall  pay  all  the  costs  presci-ibed  by  the 

6 


82 

laws  of  this  State  for  such  arrest,  commitment,  or  giving 
security  to  keep  the  peace,  and  in  default  of  the  payment 
thereof  shall  be  committed  to  jail  until  such  costs  and  the  costs 
of  his  release  shall  be  paid,  or  until  thence  discharged  by  due 
course  of  law ;  and  said  costs  shall  be  accounted  for  and  paid 
over  by  said  respective  Justices  of  the  Peace  so  sitting  at  the 
respective  station  houses  in  the  manner  in  which  all  costs  paid 
to  such  Justices  of  the  Peace  so  respectively  sitting  at  such 
station  houses  in  the  City  of  Baltimore,  are  now  or  may  here- 
after be  required  by  law  to  be  accounted  for  and  paid  over. 

143.  Whenever  any  person  has  been  committed  to  the 
Baltimore  City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct,  and  he  is  deemed  by  the  physician  in  charge  of  said 
Jail  a  proper  subject  for  the  Almshouse,  the  Visitors  to  the  Jail 
shall  have  power  to  transfer  said  person  to  said  Almshouse. 

144.  Whenever  any  person  has  been  committed  to  the  Bal- 
timore City  Jail  on  the  charge  of  drunkenness  or  disorderly 
conduct  who  is  affected  with  any  form  of  disease  that  in  the 
judgment  of  the  physician  of  said  jail  would  require  a  longer 
time  than  the  term  of  sentence  to  cure,  or  in  any  case  where 
the  accommodation,  comfort,  care  and  nursing  cannot  be  fur- 
nished by  the  said  jail,  or  in  case  of  any  person  who  may  be 
insane  at  the  time  of  committal,  or  become  insane  during  the 
term  for  which  committed,  the  said  Visitors  to  the  Jail  shall 
have  the  power  to  release  and  send  such  person  to  his  or  her 
home,  or  to  some  infirmary,  hospital  or  to  the  Almshouse, 
where  provision  has  been  made  by  the  City  of  Baltimore  for 
the  reception  of  such  cases. 

Department  of  Review  and  Assessment. 

145.  There  shall  be  a  Department  of  Eeview  and  Assess- 
ment of  the  Mayor  and  City  Council  of  Baltimore,  composed 
of  the  Appeal  Tax  Court  and  the  Commissioners  for  Opening 
Streets.  The  head  of  this  department  shall  be  the  Board  of 
Beview  and  Assessment,  to  consist  of  the  President  of  the 
Appeal  Tax  Court,  the  President  of  the  Commissioners  for 
Opening  Streets,  and  the  Mayor  ex  officio.  The  President  of 
the  said  Court  shall  be  the  President  of  the  Board  of  Review 
and  Assessment.  This  Board  shall  be  for  consultation  and 
advice,  but  it  shall  have  no  power  to  direct  or  control  either 
sub-department.  It  shall  perform  such  duties  as  may  be  pre- 
scribed by  ordinances  not  inconsistent  with  this  Article. 


83 


146.  The  Appeal  Tax  Court  shall  be  the  first  sub-depart- 
ment of  Review  and  Assessment,  and  its  head  shall  be  a  bench 
composed  of  three  members,  appointed  by  the  Mayor  in  the 
manner  prescribed  in  section  25  of  this  Article,  and  removable 
as  therein  provided.  One  of  their  number  shall  be  President, 
and  shall  be  so  designated  when  appointed  by  the  Mayor. 
Their  term  of  office  shall  be  for  three  years,  one  member  to 
retire  every  year ;  except  that  the  members  of  the  Court  first 
appointed  shall  determine  by  lot  their  terms  of  office,  so  as  to 
provide  for  the  termination  of  the  term  of  one  member  each  at 
the  end  of  the  first  and  second  years.  Each  member  of  said 
Court  shall  receive  a  salary  of  two  thousand  dollars  per 
annum,  payable  monthly.  The  said  Court  shall  appoint  a 
Clerk,  who  shall  receive  a  salary  of  one  thousand  six  hundred 
dollars  per  annum,  payable  monthly,  and  shall  perform  such 
duties  as  the  Court  may  prescribe.  The  said  Court  may  also 
appoint  such  other  employees  as  the  City  by  ordinance  may 
direct. 

147.  The  said  Court  shall  meet  from  time  to  time  for  the 
purpose  of  hearing  appeals  and  making  transfers  and  correct- 
ing the  accounts  of  assessable  property  charged  to  taxpayers, 
and  the  assessment  thereof.  The  said  Court  may  also  appoint 
such  number  of  assessors  as  they  may  deem  necessary  in 
investigating  and  ascertaining  all  omitted  and  taxable  projjerty, 
and  assessing  and  returning  the  same  to  the  said  Court,  not  to 
exceed  such  number  as  by  ordinance  may  be  authorized. 

148.  Every  assessor  provided  for  in  this  sub-division  of  this 
Article  shall  annuallv  inform  himself,  bv  all  lawful  means,  of 
all  property,  real  and  personal,  and  stocks  or  investments  in 
the  City,  liable  to  taxation  or  assessment,  and  which  may  have 
been  omitted  in  the  assessment,  and  all  buildings  and  improve- 
ments, and  all  property  created  or  acquired  since  the  last 
assessment,  and  shall  value  the  same  at  the  full  cash  value 
thereof,  and  shall  make  return  thereof  to  said  Court,  and  for 
the  purposes  of  this  section  the  said  assessors  are  hereby 
clothed  with  the  powers  of  general  assessors,  and  their  valua- 
tion shall  be  subject  to  revision  and  correction  by  this  Court. 

149.  The  assessors  shall  be  allowed  such  compensation  for 
the  performance  of  their  duties  as  the  City  may  by  ordinance 
direct. 


84 


150.  Before  increasing  the  assessment  of  any  property 
which  has  been  theretofore  assessed,  or  adding  any  new  prop- 
erty not  vakied  and  returned  to  them  by  the  proper  assessor, 
it  shall  be  the  duty  of  the  said  Court,  as  the  case  may  be,  to 
notify  the  owner  of  such  property  by  written  or  printed 
summons,  containing  such  interrogatories  in  regard  to  the 
property  as  they  may  require  to  be  answered  on  oath,  and 
appointing  a  certain  day  for  such  owner  to  answer  such  inter- 
rogatories, either  orally  or  in  writing,  and  to  make  such  state- 
ment, or  present  such  proof  as  he  may  desire  in  the  premises ; 
and  such  notice  shall  be  served  on  such  owner  or  left  at  his 
place  of  abode  at  least  five  days  before  the  day  of  hearing 
appointed  in  such  summons.  Such  owner  may  answer  the 
interrogatories  contained  in  such  summons,  and  may  appear 
on  such  return  day  and  answer  the  same  under  oath,  orallj^ 
before  said  Court,  and  may  present  such  testimony  as  he  may 
desire  and  said  Court  may  think  necessary  and  proper  to  be 
heard.  In  case  such  owner,  after  being  summoned,  shall  fail 
to  answer  in  writing  on  oath,  or  to  appear  and  answer  orally 
such  interrogatories,  such  Court,  after  sucii  return  day  has 
passed,  may  proceed  to  re-value  and  re-assess  said  property, 
or  add  such  new  property,  according  to  its  best  judgment  and 
information  in  the  premises ;  but  no  such  re-valuation  and  re- 
assessment shall  be  made  by  such  Court  without  giving  such 
notice ;  provided,  that  nothing  in  this  section  shall  be  construed 
to  apply  to  the  valuation  and  assessment  of  new  improvements 
or  new  property  discovered  and  assessed  and  returned  to  the 
said  Court  hj  the  proper  assessor  whose  duty  it  is  to  assess 
and  return  the  same. 

151.  The  City  Kegister  shall  on  each  first  day  of  May,  July 
and  September  make  out  and  deliver  to  the  said  Court  a  full 
and  accurate  list  of  the  holders  of  all  loans  of  the  City,  the 
interest  of  which  is  payable  on  such  respective  dates. 

152.  The  said  Court  shall  in  each  year  carefully  examine 
the  said  lists  and  correct  the  same  by  striking  therefrom  all 
the  holders  of  said  stock  who  may  be  exempt  from  taxation  on 
said  stock,  and  shall,  on  or  before  the  first  day  of  September, 
annually  deliver  one  copy  of  the  said  list,  as  corrected  by 
them,  to  the  City  Eegister,  and  one  copy  thereof  to  the  State 
Comptroller,  setting  forth  distinctly  in  said  copies  the  assessed 
value  of  the  stock  mentioned  therein. 


85 


153.  The  City  Register  shall  retain  from  the  interest  paid 
on  the  several  City  loans  to  the  holders  thereof,  included  in 
the  said  corrected  list  returned  to  him  by  the  said  Court,  the 
State  tax  imposed  for  the  current  year  on  such  loans  by  the 
Code  of  Public  General  Laws.  He  shall  make  such  deductions 
from  the  installments  of  interest  payable  respectively  on  the 
first  days  of  May,  July  and  September,  and  he  shall,  as  soon 
as  practicable  after  the  first  day  of  September  of  each  year, 
pay  over  such  State  tax  to  the  State  Comptroller. 

154.  If  the  City  Register  shall  at  any  time  fail  to  make  out 
and  deliver  to  the  said  Court  the  lists  of  holders  of  the  said 
stock  loans  as  herein  required,  it  shall  be  the  duty  of  the  said 
Court  to  ascertain  in  such  manner  as  they  may  deem  most 
accurate  the  amount  of  said  stock  loans  of  the  City  of  Balti- 
more outstanding  on  the  first  day  of  May,  July  and  September 
in  the  year  in  which  such  failure  or  refusal  shall  take  place, 
and  on  or  before  the  first  day  of  September  in  said  year  make 
and  deliver  one  copy  of  a  statement  certified  by  them,  showing 
the  amount  of  said  stock  so  ascertained  by  them,  and  its 
assessed  value,  to  the  City  Register,  and  one  copy  thereof  to 
the  State  Comptroller ;  and  the  City  Register  shall  thereupon 
pay  the  tax  aforesaid,  which  he  is  in  section  153  of  this  Article 
directed  to  deduct  from  the  interest  payable  on  said  loans  ; 
but  the  City  Register  shall  not  be  required  to  set  apart  and 
pay  over  the  said  tax  on  any  part  of  said  stock  loans  which  he 
may  satisfy  the  State  Comptroller  by  a  certificate  to  that  efiect, 
signed  by  the  said  Court,  or  by  other  satisfactory  evidence,  was 
held  on  the  first  day  of  May,  July  and  September  in  the  year 
for  which  the  tax  may  become  due,  and  by  any  person  entitled 
under  the  laws  of  this  State  to  hold  the  same  free  from  taxa- 
tion. 

155.  Each  member  of  the  said  Court  shall  receive  fifty 
dollars,  annually,  for  the  services  required  in  the  three  pre- 
ceding sections;  and  the  City  Register,  the  sum  of  three 
hundred  dollars  for  the  service  therein  required  of  him ;  the 
said  sums  to  be  paid  by  the  Treasurer  on  the  warrant  of  the 
State  Comptroller  in  pursuance  of  Article  81,  section  93,  of 
the  Code  of  Public  General  Laws. 

156.  Whenever  any  person  shall  make  application  for  an 
allowance  or  deduction  on  account  of  the  sale,  transfer,  aliena- 
tion, loss  or  removal  of   any  property,  or  the  collection  or 


86 


payment  of  any  public  or  private  security  for  money,  tlie  said 
Court  shall  interrogate  him  on  oath  in  reference  thereto,  and  the 
disposal  of  the  same,  and  especially  inquire  of  him  to  whom 
the  same  has  been  sold  or  transferred,  and  the  amount  of  the 
purchase  money  or  the  money  collected,  and  how  the  same 
has  been  invested. 

157.  The  said  Court  shall  also  interrogate  the  said  person 
on  oath  in  reference  to  any  acquisitions  or  investments  made 
by  him,  and  not  already  assessed,  and  the  amount  of  all  such 
acquisitions  and  investments  shall  be  added  to  his  assessable 
property,  and  if  he  refuses  to  answer,  no  allowance  or  deduction 
shall  be  made ;  they  shall  also  have  power  to  summon  before 
them  any  person  whom  they  may  know  or  be  credibly  informed 
has  acquired  new  property,  or  whose  account  of  taxable  prop- 
erty may,  in  their  judgment,  require  revision  and  correction, 
and  examine  such  person  on  oath  touching  the  same ;  and  any 
person  so  summoned,  and  refusing  to  appear,  and  any  person 
refusing  to  be  sworn,  or  to  answer  touching  said  amount  or 
touching  his  or  her  property,  shall  be  liable  to  prosecution 
therefor,  and,  upon  conviction,  shall  be  fined  not  exceeding  fifty 
dollars  for  each  oifense,  to  be  collected  as  other  fines  are 
collected. 

158.  Any  person  who  shall  remove  to  the  City  of  Baltimore 
from  any  County  or  City  in  which  his  property  has  been 
assessed,  and  whose  personal  property  has  not  been  assessed  in 
the  City  of  Baltimore,  or  any  person  whose  property  or  some 
part  thereof,  has  not  been  assessed,  shall,  when  required  by 
said  Court,  give  to  said  Court  a  full  and  particular  account  of 
his  personal  property  in  the  County  or  City  from  which  he  has 
removed,  and  of  all  the  personal  property  in  his  possession  or 
under  his  care  and  management,  liable  to  be  assessed,  and 
which  before  that  time  shall  not  have  been  assessed  in  the  City 
of  Baltimore,  and  the  name  of  the  person  to  whom  it  belongs. 

159.  If  any  person  shall,  when  required  by  said  Court, 
after  ten  days'  notice,  neglect  to  render  the  account  required  in 
the  last  preceding  section,  he  shall  be  fined  a  sum  not  exceed- 
ing fifty  dollars,  to  be  collected  as  other  fines  are  collected ; 
and  the  said  Court  shall,  on  its  own  knowledge  and  on  the 
best  information  they  can  obtain,  value  the  property  of  such 
person  to  the  utmost  sum  they  believe  the  same  to  be  worth  in 


87 


cash,  and  on  the  return  of  said  valuation  thej  shall  certify  the 
said  refusal  or  neglect,  and  the  said  Court  shall  assess  such 
person  according  to  the  sum  so  returned,  and  the  same  shall 
be  collected  as  the  assessment. 

160.  Whenever  any  person  shall  apply  to  the  said  Court  for 
allowance  or  deduction  on  account  of  the  removal  of  property 
from  the  City  of  Baltimore  to  a  County  or  City,  the  said  Court 
shall  ascertain  of  the  party  applying  to  what  place  within  the 
State  the  property  has  been  removed,  and  shall  inform  the 
proper  authorities  of  the  place  to  which  the  property  is 
removed  of  the  fact  of  such  removal. 

161.  The  said  Court  shall  direct  their  clerk  to  enter  and 
record  in  a  book  or  books,  to  be  provided  for  the  purpose,  an 
accurate  and  fair  account  of  all  jaroperty  of  every  sort  within 
the  City  of  Baltimore,  subject  to  taxation,  and  the  valuation 
and  assessment  thereof,  and  an  alphabetical  list  of  the  owners 
thereof,  properly  arranged,  according  to  the  several  wards  of 
the  City  of  Baltimore  and  a  correct  description  and  location 
of  the  said  property  so  valued  and  assessed.  Any  owner  of 
property  shall  at  all  times  be  permitted  to  inspect  the  record 
of  his  own  property  contained  in  said  book. 

162.  The  clerk  of  said  Court  shall  transmit  to  the  State 
Comptroller  annually,  within  thirty  days  after  the  annual  levy 
of  taxes  for  the  State,  a  return  of  the  assessments  of  property 
in  the  City  of  Baltimore,  showing  the  amount  thereof ;  and 
for  neglecting  or  refusing  to  perform  this  duty  the  clerk  so 
neglecting  or  refusing  shall  be  subject  to  presentment,  and 
upon  conviction  thereof  in  the  Criminal  Court  of  Baltimore 
City,  to  a  penalty  of  one  hundred  dollars,  for  the  use  of  the 
State. 

163.  The  State's  Attorney  of  the  City  of  Baltimore  shall 
give  information  of  such  neglect  or  refusal  to  discharge  the 
duties  prescribed  in  the  preceding  section  to  the  Grand  Jury 
of  the  City,  upon  being  advised  thereof  by  the  State  Comp- 
troller. 

164.  Repealed  by  Act  of  1900,  Chapter  4. 

164  a.  The  Appeal  Tax  Court  of  Baltimore  City  shall  have 
the  power  at  any  time  to  value  and  assess  all  personal  prop- 


88 

erty  and  to  revise  such  valuations  and  assessments  and  to  revise 
all  valuations  and  assessments  of  real  property  in  said  City  and 
to  lower  or  increase  said  assessment  of  real  or  personal  prop- 
erty and  to  take  steps  for  the  discovery  and  assessment  of  all 
unassessed  property  of  every  kind.  And  it  shall  be  the  duty 
of  said  Court  at  least  once  in  every  five  years  to  carefully 
make  such  general  revision  of  all  of  the  assessable  property 
in  said  City.  Whenever  said  Court  shall  purpose  to  alter  or 
change  any  assessment  or  make  any  new  assessment  they  shall, 
before  such  assessment  is  made,  give  at  least  five  days'  notice 
thereof  in  writing  to  the  owner  of  the  property  to  be  assessed 
or  reassessed,  and  if  any  owner  be  not  found  within  the  limits 
of  said  City,  then  to  the  person  in  possession  of  the  property 
to  be  assessed  or  in  whose  custody  the  same  may  be,  or  if  it  be 
land,  and  no  one  be  in  apparent  occupancy  thereof,  then  by  a 
notice  posted  on  said  land.  The  said  Court  in  order  to  make 
any  valuation,  assessment,  re-valuation  or  re-assessment  shall 
have  power  to  summon  before  it  any  person  and  to  interrogate 
him  in  reference  to  the  existence,  situation  or  value  of  any 
property  liable  to  assessment  by  said  Court,  and  any  person 
so  summoned  and  refusing  to  appear,  and  any  person  refusing 
to  be  sworn  or  to  answer  touching  said  value,  re-valuation  or 
assessment,  or  touching  his  or  her  property,  shall  be  liable 
to  prosecution  therefor,  and  upon  conviction,  shall  be  fined 
not  exceeding  one  hundred  dollars,  to  be  collected  as  other 
fines  are  collected. 

164  b.  If  any  clerk,  assessor  or  employee  appointed  by  the 
Appeal  Tax  Court  shall  neglect  to  perform  the  duties  required 
of  him  by  law  or  by  said  Court,  he  shall  be  liable  to  be  dis- 
charged by  said  Court  in  its  discretion ;  and  if  any  such  clerk, 
assessor  or  employee  shall  receive  any  consideration  or  pay- 
ment designed  or  intended  to  influence  his  conduct  or  act  in  the 
perfoi^mance  or  omission  of  his  duties  as  prescribed  by  law 
or  by  said  Court  as  such  clerk,  assessor  or  employee,  or  shall 
corruptly  do  or  permit  to  be  done  or  omit  to  do  any  act  in 
discharge  of  his  said  duties  he  shall  be  liable  to  immediate 
dismissal  by  said  Appeal  Tax  Court,  and  shall  be  also  liable 
to  indictment  therefor,  and  upon  conviction  shall  be  fined  not 
exceeding  five  hundred  dollars  for  each  offense  and  also  to 
imprisonment  in  the  jail  or  penitentiary  for  not  more  than  one 
year,  in  the  discretion  of  the  Court. 


89 


165.  The  clerks  of  the  several  courts  in  the  Citj  of  Balti- 
more shall  annually,  on  or  before  the  first  day  of  October, 
transmit  to  the  said  Court  a  list  of  all  the  alienations  of  prop- 
erty, chancery  sales  made  by  trustees  and  finally  ratified,  and 
of  all  judgments  and  decrees  recorded  in  their  respective  offices 
or  rendered  in  their  respective  courts  since  they  last  furnished 
a  list  of  the  same,  which  list  shall  show  the  property  alienated, 
and  the  amount  due  on  the  judgments  or  decrees,  so  as  to 
enable  the  said  Court  to  assess  the  parties  to  whom  the  prop- 
erty is  conveyed  or  the  money  due. 

166.  No  person  shall  be  chargeable  with  the  assessment  of 
property  which  he  may  have  alienated,  but  the  same  shall  be 
chargeable  to  the  alienee ;  and  the  said  Court  shall,  from  time 
to  time,  correct  the  account  of  any  person  who  may  have  parted 
with  the  possession  of  any  propert}^,  and  the  same  so  taken  off 
shall  be  charged  to  the  person  who  may  have  acquired  posses- 
sion of  the  propert}^,  unless  the  same  shall  have  been  removed 
from  the  City. 

167.  The  said  Court  is  directed  to  alter  and  correct  the 
account  of  any  person  who  may  have  disposed  of  or  acquired 
any  property  since  the  last  assessment,  or  whose  property  or 
any  part  thereof  may  have  been  omitted,  if  the  report  of  such 
disposition,  acquisition  or  omission  be  supplied  by  satisfactory 
evidence ;  and  if  real  estate  or  other  property  shall  from  any 
cause  have  increased  or  decreased  in  value  since  the  last 
assessment  the  said  Court  shall  correct  and  alter  the  assess- 
ment of  the  same,  so  as  to  conform  to  its  present  value. 

168.  The  Register  of  Wills  of  Baltimore  City  shall  annually, 
on  or  before  the  first  day  of  October,  return  to  the  said  Court 
a  summary  account  of  all  property  that  shall  appear  by  the 
records  of  the  Orphans'  Court  of  Baltimore  City  to  be  in  the 
hands  of  each  executor,  administrator  or  guardian  as  such ; 
and  all  such  property,  if  not  before  assessed,  shall  then  be 
assessed,  and  every  executor,  administrator  or  guardian  shall 
be  liable  to  pay  the  taxes  levied  thereon,  and  shall  be  allowed 
therefor  by  the  Orphans'  Court  in  his  accounts,  and  the  said 
Register  of  Wills,  for  the  duties  imposed  by  this  section,  shall 
be  allowed  such  compensation  as  the  said  Appeal  Tax  Court 
may  deem  proper.  Should  the  clerk  or  Register  fail  to  per- 
form the  duties  imposed  by  this  section,  he  shall  be  guilty  of 


90 

a  misdemeanor,  and  shall  be  liable  to  indictment,  and  on  con- 
viction shall  be  fined  not  exceeding  one  hundred  dollars. 

169.  In  all  cases  where  discoveries  of  assessable  property 
are  made  bj  the  said  Appeal  Tax  Court,  either  from  the  returns 
of  clerks,  registers  or  assessors,  or  in  any  other  way,  the  said 
Court  shall  assess  the  same,  and  add  the  same  to  the  amount 
on  which  taxes  are  to  be  levied. 

170.  Any  person  or  persons,  or  corporation  assessed   for 
real  or  personal  property  in  the  City  of  Baltimore  and  claiming 
to  be  aggi'ieved  because  of  any  assessment  made  by  the  said 
Court,  or  because  of  its  failure  to  reduce  or  abate  any  existing 
assessment,  may  by  petition  appeal  to  the  Baltimore  City  Court, 
to  review  the  assessment.     The   Mayor  and  City  Council  of 
Baltimore  may  also  appeal  from  any  decision  of  said  Court  to 
the  Baltimore  City  Court  if  it  deem  the  public  interests  require 
that  the  decision  of  said  Court  should  be  reviewed.     The  peti- 
tion in  such  appeal,  other  than  the  petition  of  the  City,  shall 
set  forth  that  the  assessment  is  illegal,  specifying  the  grounds 
of  the  alleged  illegality,  or  is  erroneous  by  reason  of  overvalu- 
ation, or  is  unequal  in  that  the  assessment  has  been  made  by  a 
higher  proportion  of  valuation  than  other  real  or  personal  prop- 
erty on  the  same  tax  roll,  by  the  same  officers,  and  that  the  peti- 
tioner is,  or  will  be,  injured  by  such  alleged  illegality,  unequal 
or  erroneous  assessment.     The  petition  of  the  Mayor  and  City 
Council  of  Baltimore  shall  set  forth  wherein  the  decision  of  said 
Court  is  erroneous  and  such  other  facts  as  may  be  necessary  to 
inform  the  Baltimore  City  Court  of  the  claim  of  the  City.     A 
summons  shall  issue  for  the  respondent  or  respondents  named 
in  the  petition  of  the  City  returnable  on  such  a  day  as  the  Balti- 
more  City   Court   may  appoint   for  a   hearing   of  the   matter 
averred  in  such  petition.     All  such  appeals  shall  be  taken  within 
thirty  days  after  an  assessment  has  been  made  as  aforesaid,  or 
within  thirty  days  after  the  refusal  to  reduce  or  abate  an  exist- 
ing assessment,  or  within  thirty  days  after  the  action  of  said 
Court  complained  of  by  the  City.     On  such  appeals  the  Balti- 
more City  Court  shall  appoint  a  day  for  hearing  said  appeals, 
which  shall  not  be  less  than  five  or  more  than  thirty  days  after 
the  expiration  of  the  thirty  days'  limit  for  taking  appeals  as 
aforesaid  ;  and  shall  direct  the  clerk  of  the  said  Baltimore  City 
Court  to  issue  a  subjMeiKi  duces  tecum   to  the  Judges   of  said 
Appeal  Tax  Court,  requiring  them  to  produce  and  deliver  to 


91 

said  Baltimore  City  Court  the  record  of  the  proceedings  of  the 
said  Appeal   Tax   Court,  and  all  maps,  plats,  documents   and 
other  papers  connected  with  the  said  record  ;  the  said  Baltimore 
City  Court  shall  have  full  power  to  hear  and  fully  examine  the 
subject  and  decide  on  said  appeals,  and  for  that  purpose  it  is 
hereby  authorized  and  empowered  to  adjourn  from   time  to 
time,  and  may  cause  all  or  any  of  such  appeals  to  be  consoli- 
dated,   or   may   hear   and   decide    them   separately,    and   may 
require  the  said  Judges  of  the  Appeal  Tax  Court,  their  clerks, 
surveyors  or  other  agents  and  servants,  or  any  of  them,  and  all 
such  other  persons  as   the  Baltimore   City   Court  may  deem 
necessary  to  attend,  and  examine  them  on  oath  or  affirmation  ;. 
and  may  permit  and  require   all   such   explanations,  amend- 
ments and  additions  to  be  made  to  and  of  the  proceedings 
as  the  Court  shall  deem  requisite.     The  person  or  the  City 
appealing  to  the  said  Baltimore  City  Court  shall  have  a  trial 
before  the  Court  without  the  intervention  of  a  jury,  and  the 
Court  sitting  without  a  jury  shall  ascertain  or  decide  on  the 
proper  assessment,  and  shall  not  reject  or  set  aside  the  record 
of  the  proceedings  of  the  said  Judges  of  the  said  Appeal  Tax 
Court  for  any  defect  or  omission  in  either  form  or  substance, 
but  shall  amend  or  supply  all  such  defects  and  omissions,  and 
assess,  increase  or  reduce  the  amount  of  the  assessment,  and 
alter,  modify  and  correct  the  records  of  proceedings  in  all   or 
any  of  its  parts,  as  the  said  Baltimore  City  Court  shall  deem 
just  and  proper,  and  shall  cause  the  proceedings  and  decisions 
on  said  appeals  to  be  entered  in  the  book  containing  the  record 
of  proceedings  of  the  said  Baltimore  City  Court,  certified  by 
the  Clerk  under  the  seal  of  the  Baltimore  City  Court,  and  the 
book  to  be  transmitted  to  the  Judges  of  the  said  Appeal  Tax 
Court,  which  shall  be  final   and   conclusive   in  every   respect, 
unless  an  appeal  be  taken  to  the   Court  of  Appeals.     Such 
record  book  or  copy  of  the  proceedings  therein,  or  any  part  of 
such  proceedings,  whether  in  or  out  of  Court,  certified  by  the 
Judges  of  the  said  Appeal  Tax  Court,  under  seal  of  said  City, 
shall  be  evidence  in  any  Court  in  this  State,  and  the  Judge  of 
said  Baltimore  City  Court  shall  have  full  power,  in  his  discre- 
tion, to  require  the  cost  of  any  appeal  or  any  part  thereof,  to 
be  paid  by  all  or  any  of  the  appellants,  or  by  the  City,  as  the 
circumstances   of    each   appeal,    in  his   opinion,   shall  justify. 
In  no  case  shall  any  such  a23peal  stay  or  siispend  the  power  or 
duty  of  the  City  to  levy  or  collect  taxes  upon  the  property 
involved  in  said  appeal,  but  such  levy  and  collection  shall  pro- 
ceed in  all  respects  as  if  no  appeal  had  been  taken.     If  a  final 


92 


judgment  shall  not  be  given  in  time  to  enable  the  assessors  or 
other  officers  to  make  a  new  or  correct  statement  for  the  use  of 
the  proper  authorities  in  levjdng  taxes,  and  if  it  shall  appear 
from  such  judgment  that  said  assessment  was  illegal,  erroneous 
or  unequal,  then  there  shall  be  audited,  allowed  and  paid  to 
the  petitioner  bj  the  Comptroller  the  amount,  with  interest 
thereon  from  the  date  of  the  payment,  in  excess  of  what  the 
tax  should  have  been,  as  determined  by  said  judgment  or  order 
of  the  Baltimore  City  Court.  And  if  on  the  appeal  by  the 
City  the  Baltimore  City  Court  should  decide  that  the  valuation 
and  assessment  was  erroneous  and  less  than  what  it  should 
have  been,  or  that  the  property  should  be  assessed,  the  Balti- 
more City  Court  shall  ascertain  and  fix  the  valuation  and 
assessment  of  said  property,  then  the  Comptroller  shall  audit 
and  charge  the  respondent  or  respondents  with  the  difference 
in  said  valuation  and  assessment  as  fixed  by  the  Baltimore  City 
Court  and  that  fixed  by  the  Appeal  Tax  Court,  which  amount 
of  difference  shall  be  a  lien  on  the  property  involved  in  the 
proceedings.  An  appeal  may  be  taken  to  the  Court  of  Appeals 
by  either  the  petitioner  or  petitioners  or  the  City  within  ten 
days  after  the  rendition  of  said  judgment  or  order  by  the 
Baltimore  City  Court,  and  the  record  shall  be  immediately 
transmitted  to  the  Court  of  Appeals,  which  Court  shall  imme- 
diately hear  and  determine  the  questions  involved  in  said 
appeal. 

171.  In  the  year  eighteen  hundred  and  ninety-eight,  and 
in  all  succeeding  years  thereafter,  the  valuation  of  the  property 
subject  to  taxation  in  the  City  of  Baltimore,  as  it  shall  appear 
upon  the  assessment  books  of  said  Court  on  the  first  day  of 
October  in  each  and  every  year,  shall  be  final  and  conclusive, 
and  constitute  the  basis  upon  which  taxes  for  the  next 
ensuing  fiscal  year  shall  be  assessed  and  levied ;  provided, 
that  the  foregoing  provision  shall  not  apply  to  proj^erty  in  the 
City  liable  to  taxation,  and  which  may  have  escaped,  or  which 
may  have  been  omitted,  in  the  regular  course  of  valuation, 
but  such  property  shall  be  valued  and  assessed,  and  the  owner 
or  owners  thereof  charged  with  all  back  and  current  taxes 
justly  due  thereon,  whenever  the  same  may  be  discovered  and 
placed  upon  the  assessment  books,  and  provided  that  the  pro- 
visions of  this  section  shall  not  apply  to  the  taxes  levied  for 
the  year  eighteen  hundred  and  nine-eight,  after  the  passage  of 
this  Article.  The  said  Court  shall,  on  the  first  day  of  October, 
or  as  soon  thereafter  as  practicable,  in  the  year  eighteen  hun- 


93 


died  and  ninety-eiglity,  and  in  all  succeeding  years  thereafter, 
make  out  and  deliver  to  the  City  Collector  and  Board  of  Esti- 
mates each,  a  statement  showing  the  valuation  and  assessment 
of  all  the  property  subject  to  taxation  in  said  City,  as  it  shall 
appear  upon  the  assessment  books  of  said  Court  on  said  first 
day  of  October;  such  statement  shall  contain  an  alphabetical 
list  of  all  owners  to  whom  any  ])roperty  in  said  statement  has 
been  valued  and  assessed,  properly  arranged  according  to  the 
several  wards  of  the  Cit}^  with  the  location  and  description  of 
the  property  of  each  of  said  owners.  The  said  statement 
shall  be  known  as  the  taxable  basis  for  the  next  ensuing  fiscal 
year,  and  after  the  levy  of  taxes,  it  shall  be  designated  as  the 
tax  roll  for  said  year.  The  said  Court  shall  perform  such 
other  duties  as  may  be  prescribed  by  law  or  ordinances  not 
inconsistent  with  this  Article. 

172.  The  Commissioners  for  Opening  Streets  shall  be  the 
second  sub-department  of  Review  and  Assessment,  and  the 
head  of  this  sub-department  shall  be  a  Board  composed  of 
three  persons,  appointed  by  the  Mayor  in  the  manner  prescribed 
in  section  25  of  this  Article,  and  removable  as  therein  pro- 
vided. One  of  their  number  shall  be  President,  and  shall  be 
so  designated  when  appointed  by  the  Mayor.  Their  term  of 
office  shall  be  for  three  years,  one  Commissioner  to  retire 
every  year ;  except  that  the  Commissioners  first  appointed  shall 
determine  by  lot  their  terms  of  office,  so  as  to  provide  for  the 
termination  of  the  term  of  one  Commissioner  each  at  the  end 
of  the  first  and  second  years.  The  said  Commissioners  shall 
receive  a  salary  of  one  thousand  eight  hundred  dollars  each 
per  annum,  payable  monthly.  The  said  Commissioners  shall 
be  charged  with  the  duty  of  opening,  extending,  widening, 
straightening  or  closing  any  street,  lane,  alley  or  part  thereof 
situated  in  Baltimore  City  whenever  the  same  shall  have  been 
directed  by  ordinance  to  be  done,  and  shall  perform  such  other 
duties  as  the  Mayor  and  City  Council  of  Baltimore  may  by 
ordinance  prescribe.  The  said  Commissioners  shall  appoint 
a  Clerk,  who  shall  be  paid  a  salary  of  one  thousand  five  hun- 
dred dollars  per  annum,  payable  monthly,  and  shall  perform 
such  duties  as  the  Commissioners  may  prescribe.  The  s.aid 
Commissioners  may  also  appoint  such  other  employees  as  the 
Mayor  and  City  Council  of  Baltimore  by  ordinance  may  direct, 
and  fix  their  compensation,  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  ordinance. 


94 


173.  The  Clerk  of  said  Commissioners  shall  keep  a  record 
of  their  proceedings  in  a  book  provided  for  the  purpose,  and 
in  such  form  as  the  City  Solicitor  may  prescribe ;  and  the  said 
Clerk  shall  record  in  said  book  all  orders  made  by  the  Com- 
missioners in  regard  to  the  performance  of  their  duties,  and 
make  true  copies  of  all  notices  by  them  directed  to  be  pub- 
lished, and  of  the  certificate  of  the  publication  thereof,  and 
shall  perform  such  other  clerical  duties  as  the  said  Commis- 
sioners shall  require. 

174.  When  the  said  Commissioners  shall  assess -a  sum  of 
money  to  be  paid  by  any  person  or  persons,  for  benefits  derived 
by  such  person  or  persons  from  ojjening,  extending,  widening, 
straightening  or  closing  any  street,  lane  or  alley,  or  part  thereof, 
and  shall  assess  a  sum  of  money  to  be  paid  to  the  same  person 
or  persons  for  damages  sustained  by  said  opening,  extending, 
vi^idening,  straightening  or  closing,  it  shall  and  may  be  lawful, 
upon  a  certificate  of  title  from  the  City  Solicitor,  for  the  City 
Register  or  City  Collector  to  receive  from  such  person  or  per- 
sons an  assignment  for  the  sum  or  sums  so  assessed  as  dam- 
ages aforesaid. 

175.  Whenever  the  Mayor  and  City  Council  of  Baltimore 
shall  hereafter  by  ordinance  direct  the  Commissioners  for 
Opening  Streets  to  lay  out,  open,  extend,  widen,  straighten  or 
close  up,  in  whole  or  in  part,  any  street,  square,  lane  or  alley, 
within  the  bounds  of  this  City,  the  said  Commissioners,  having 
given  the  notice  required  by  law  of  their  first  meeting  to  execute 
the  same,  shall  meet  at  the  time  and  place  mentioned  in  said 
notice,  and  from  time  to  time  thereafter,  as  may  be  necessary, 
to  exercise  the  powers  and  perform  the  duties  required  of 
them  by  said  ordinance,  and  shall  ascertain  whether  any  and 
what  amount  of  value  in  damage  will  thereby  be  caused  to  the 
owner  of  any  right  or  interest  in  any  ground  or  improvements 
within  or  adjacent  to  the  City  of  Baltimore,  for  which,  taking 
into  consideration  all  advantages  and  disadvantages,  such 
owner  ought  to  be  compensated ;  and  the  said  Commissioners 
having  ascertained  the  whole  amount  of  damages  for  which 
compensation  ought  to  be  awarded,  as  aforesaid,  and  having 
added  thereto  an  estimate  of  the  probable  amount  of  expenses 
which  will  be  incurred  by  them  in  the  performance  of  the  duties 
required  of  them,  as  aforesaid ;  and  also  of  the  expenses 
incurred  by  the  City  Register  by  reason  of  said  proceedings, 


95 


shall  proceed  to  assess  all  the  ground  and  improvements  within 
and  adjacent  to  the  City,  the  owners  of  which,  as  such,  the 
said  Commissioners  shall  decide  and  deem  to  be  directly  bene- 
fited by  accomplishing  the  object  authorized  in  the  ordinance 
aforesaid  ;  and  should  the  direct  benefits,  assessed  as  afore- 
said, not  be  equal  to  the  damages  and  expenses  incurred,  the 
balance  of  said  expenses  and  damages  shall  be  paid  by  the 
City  Register,  and  provided  for  in  the  general  levy. 

176.  In  every  case  where  it  shall  be  necessary,  in  order  to 
eifect  the  object  proposed  under  any  of  the  ordinances  provid- 
ing for  the  laying  out,  opening,  widening  or  straightening  in 
whole  or  in  part  any  street,  square,  lane  or  alley,  that  a  portion 
only  of  a  lot  and  improvements  shall  be  taken  and  used  or 
destroyed,  and  the  owner  or  owners  thereof  shall  claim  to  be 
compensated  for  the  whole,  the  said  Commissioners  in  such 
cases  may,  if  they  deem  it  best  and  not  otherwise,  accept  a 
surrender  in  writing  of  the  whole  of  said  lot  and  improve- 
ments, or  the  whole  of  said  improvements,  from  said  owner  or 
owners,  in  which  event  the  said  Commissioners  shall  ascer- 
tain the  full  value  thereof,  as  if  the  whole  lot  or  lots  and 
improvement  or  improvements,  as  the  case  may  be,  were  neces- 
sary to  be  taken  and  used  for  such  proposed  object,  and  the 
whole  amount  of  such  valuation  when  finally  decided  on  shall, 
be  paid  or  tendered  to  the  said  owner  or  owners  before  any 
part  thereof  shall  be  destroyed,  removed  or  used,  unless  such 
owner  or  owners  shall  assent  thereto  in  writing,  as  now  pro- 
vided for  by  law  ;  and  the  said  Commissioners,  after  giving 
ten  days'  notice  in  two  of  the  daily  newspapers  of  the  City  of 
the  time  and  place,  manner  and  terms  of  sale,  shall  sell  by 
public  auction  to  the  highest  bidder  the  materials  of  any  house 
or  houses  which  it  shall  be  necessary  to  remove,  in  whole  or 
in  part,  and  also  the  residue  of  any  lot  of  which  a  part  shall  be 
taken  and  used  to  effect  the  object  confided  to  the  Commis- 
sioners, and  which  residue  shall  have  been,  with  the  consent 
of  the  Commissioners  aforesaid,  surrendered  by  the  owners  as 
aforesaid  ;  the  purchase  money  to  be  paid  when  full  possession 
shall  be  given  of  the  property  or  material  so  sold,  and  the  said 
Commissioners  or  a  majority  of  them  on  receiving  the  purchase 
money  aforesaid,  and  not  before,  shall  by  a  good  and  sufiicient 
deed  convey  the  lot  or  lots  of  ground  by  them  so  sold  to  the 
purchaser ;  but  no  such  sales  shall  be  made  until  after  the 
Commissioners  have  assessed  the  entire  amount  of  damages 


96 


and  expenses  as  are  now  to  be  assessed  by  existing  ordi- 
nances relating  to  the  condemnation  of  streets,  nor  until  all 
damages  for  taking  said  property  shall  have  been  paid  or  ten- 
dered to  the  proper  party  or  parties  or  invested  or  paid  into 
Court  as  by  law  required,  nor  until  the  said  Commissioners 
are  able  to  give  possession  to  the  said  purchaser  or  purchasers 
of  property  and  materials  aforesaid,  and  the  said  Commis- 
sionrs  are  duly  empowered  to  take  and  receive  a  good  and 
suthcient  bond  from  the  purchaser  or  purchasers  aforesaid, 
with  a  penalty  to  the  Mayor  and  City  Council  of  Baltimore, 
conditioned  that  the  purchase  money  be  duly  paid  at  such  time 
as  the  said  Commissioners  shall  demand  the  same,  and  con- 
ditioned further  that  said  purchaser  or  purchasers  shall  remove 
within  sixty  days  after  notice  from  the  said  Commissioners 
from  the  bed  of  the  street  all  such  materials  so  sold,  and  all 
rubbish  or  other  obstructions  in  said  street  occasioned  thereby ; 
and  in  the  event  of  the  purchaser  or  purchasers  not  comply- 
ing with  the  terms  of  said  sale,  the  Commissioners  shall  re-sell 
the  said  lot  or  lots,  and  improvement  or  improvements,  as  the 
case  may  be,  at  the  risk  of  the  former  purchaser,  giving  not 
less  than  five  days'  notice  of  said  re-sale  in  two  of  the  daily 
newspapers  of  the  City  aforesaid ;  provided,  however,  that 
where,  in  the  judgment  of  said  Commissioners,  a  part  only  of 
the  whole  of  the  improvements  of  any  lot  can  be  taken  without 
destroying  the  whole  of  said  lot  or  said  improvements,  for  the 
purpose  for  which  lot  or  improvements  are  used,  or  for  build- 
ing purposes,  the  said  Commissioners  shall  only  condemn  such 
part  of  said  whole  lot  or  improvements  as  is  necessary  for  the 
proposed  object,  and  shall  award  to  the  owner  or  owners  of 
the  part  of  the  lot  or  improvements  so  taken  such  damages 
and  assess  upon  the  remainder  thereof  such  benefits  as  in  their 
judgment  shall  be  right  and  proper ;  and  provided,  further,  that 
in  all  cases  w^here  there  are  sheds  or  other  obstructions  lying 
and  being  in  beds  of  streets,  lanes,  roads  or  alleys,  in  process 
of  opening  or  widening,  where  the  same  will  not,  in  the  judg- 
ment of  the  Commissioners  for  Opening  Streets,  sell  by  public 
auction  for  the  amount  of  the  expenses  of  said  sale,  then  the 
said  Commissioners  for  Opening  Streets  may,  and  they  are 
hereby  authorized,  to  sell  the  same  at  private  sale. 

177.  As  soon  as  the  Commissioners  aforesaid  shall  have 
completed  the  valuation  of  damages  to  be  ascertained  by  them 
as  directed  by  this  Article,  they  shall  cause  a  statement  thereof 
to  be  made  out  for  the  inspection  of  all  persons  desiring  infor- 


97 


mation  of  its  contents,  and  such  statement,  together  with  an 
exphmatorj  map  or  maps,  shall  contain  a  description  of  each 
separate  lot  or  parcel  of  ground  deemed  to  have  sustained 
damages,  its  dimensions,  the  name  of  the  street,  lane  or  alley 
on  which  it  bounds,  the  names  of  all  persons  supposed  to  have 
any  estate  or  interest  in  it,  and  the  amount  of  damages  as 
valued  by  the  Commissioners ;  and  if  there  be  any  house  or 
other  improvements  on  it,  necessary  to  be  removed,  in  whole 
or  in  part,  such  description  thereof  as  the  Commissioners  shall 
deem  necessary  ;  and  in  like  manner  a  description  of  each  parcel 
of  ground  deemed  by  the  Commissioners  to  be  benefited,  the 
name  or  names  of  such  person  or  persons  as  may  be  supposed 
to  have  any  estate  or  interest  therein,  and  the  amount  assessed 
thereon  for  benefits ;  and  the  said  Commissioners  shall  cause 
a  notice  to  be  published  for  four  successive  days  in  two  daily 
newspapers  of  the  City,  stating  the  extent  of  the  ground  covered 
by  the  assessment,  and  that  such  statement  and  maps  are  ready 
for  the  inspection  of  all  persons  interested  therein ;  and  that 
the  Commissioners  will  meet  at  their  office  on  a  day  to  be 
named  in  said  notice,  which  shall  be  within  ten  days  after  the 
first  publication  of  such  notice,  for  the  purpose  of  reviewing 
any  of  the  matters  contained  in  such  statement  to  which  any 
person  claiming  to  be  interested  shall  make  objection ;  and  the 
Commissioners  shall  meet  at  the  time  and  place  so  appointed, 
and  shall  hear  and  consider  all  such  representations  or  testi- 
mony on  oath  or  affirmation,  verbal  or  in  writing,  in  relation 
to  any  matter  in  said  statement  which  shall  be  offered  to  them 
on  behalf  of  any  person  claiming  to  be  interested  therein ;  and 
the  said  Commissioners  shall  make  all  such  corrections  and 
alterations  in  the  valuations,  assessments  and  estimates,  and  all 
other  matters  contained  in  the  said  statements  and  explanatory 
map  or  maps  aforesaid,  as  in  their  judgment  shall  appear  to 
them,  or  a  majority  of  them,  to  be  just  and  proper ;  and  they 
may  adjourn,  from  day  to  day,  if  necessary,  to  give  all  parties 
claiming  a  review  an  opportunity  to  be  heard,  not  exceeding  in 
the  whole  ten  days ;  and  after  closing  such  review  the  Commis- 
sioners shall  make  all  such  corrections  in  their  statement  and 
explanatory  map  or  maps  as  they  shall  deem  proper,  and  cause 
such  statement  as  corrected  to  be  recorded  in  their  book  of 
proceedings,  and  certified  under  the  hands  and  seals  of  the  said 
Commissioners  and  their  Clerk,  and  shall  deposit  the  same, 
together  with  the  explanatory  map  or  maps,  as  finally  corrected 
by  them,  and  similarly  certified  to  in  the  office  of  the  City 
7 


98 

Eegister;  and  it  shall  be  the  duty  of  the  City  Eegister  within 
five  days  after  said  proceedings  shall  have  Ijeen  deposited  in 
his  otfice,  to  notify  all  persons  interested  by  an  advertisement, 
to  be  inserted  once  a  week  for  four  successive  weeks,  in  two 
of  the  daily  newspapers  of  the  City,  that  the  said  assessment 
and  maps  have  been  so  placed  in  his  office,  and  that  the  parties 
affected  thereby  are  entitled  to  appeal  therefrom  by  petition  in 
writing  to  the  Baltimore  City  Court. 

178.  It  shall  be  the  duty  of  the  Clerk  of  the  Commissioners 
for  Opening  Streets  to  serve  written  or  printed  notice  upon 
each  and  every  party  or  parties  assessed  for  damages,  caused  by 
the  condemnation  and  opening  of  any  public  highway ;  provided, 
however  that  the  service  of  such  notice  shall  not  be  so  con- 
strued as  to  be  one  of  the  prerequisites  to  the  condemnation 
and  opening  of  any  street  under  any  ordinance  heretofore 
passed,  or  hereafter  to  be  passed. 

179.  The  Mayor  and  City  Council  of  Baltimore  or  any 
person  or  persons,  or  corporations,  who  may  be  dissatisfied 
with  the  assessment  of  damages  or  benefits,  as  hereinbefore 
provided,  may,  within  thirty  days  after  the  return  of  the 
corrected  statement  and  map  or  maps  to  the  Register,  and  the 
first  publication  of  the  notice  thereof  by  the  Register,  appeal 
therefrom  by  petition,  in  writing,  to  the  Baltimore  City  Court, 
praying  the  said  Court  to  review  the  same,  and  on  any  such 
appeal  the  Court  may  and  shall  appoint  a  day  for  hearing 
said  appeal,  which  shall  not  be  less  than  five  or  more  than 
thirty  days  after  the  expiration  of  the  thirty  days  limited 
for  taking  appeals  as  aforesaid,  and  shall  direct  the  clerk 
of  the  said  Court  to  issue  a  subprena  duces  tecum  to  the  City 
Register,  requiring  him  to  produce  and  deliver  to  said  Court 
the  record  of  the  proceedings  of  the  said  Commissioners 
in  the  case,  and  all  maps,  plats,  documents  and  papers  con- 
nected with  such  record,  and  the  said  City  Court  shall  have 
full  power  to  hear  and  fully  examine  the  subject,  and  decide 
on  the  said  appeal,  and  for  that  purpose  is  hereby  authorized 
and  empowered  to  adjourn  from  time  to  time,  and  may 
cause  all  such  appeals  to  be  consolidated,  or  may  hear  and 
decide  them  separately,  and  may  require  the  said  Commission- 
ers, their  Clerk,  Surveyor,  or  other  agents  and  servants,  or  any 
of  them,  and  all  such  other  persons  as  the  Court  shall  deem 
necessary,  to  attend,  and  examine  them  on  oath  or  affirmation, 
and  may  permit  and  require  all  such  explanations,  amendments 


99 


jand  additions  to  be  made  to  and  of  the  said  record  of  the 
proceedings  as  the  said  Court  shall  deem  requisite  ;  and  the 
persons  appealing  to  the  Baltimore  City  Court,  as  aforesaid, 
shall  be  secured  in  the  right  of  a  jury  trial,  and  the  said  Court 
shall  direct  the  Sheriff  of  Baltimore  City  to  summon  twelve  or 
more  persons  qualified  to  be  jurors,  and  shall  empanel  any 
twelve  disinterested  persons  so  summoned,  or  attending  the 
Court,  to  try  any  question  of  facts,  and  if  necessary  to  view 
any  property  in  the  City,  or  adjacent  thereto,  to  ascertain  and 
decide  on  the  amount  of  damages  or  benefits,  under  the  direc- 
tion of  the  Court;  and  the  said  Court  shall  not  reject  or  set 
aside  the  record  of  the  proceedings  of  the  said  Commissioners 
for  any  defect  or  omission  in  either  form  or  substance,  but 
shall  amend  or  supply  all  such  defects  and  omissions,  and 
increase  or  reduce  the  amount  of  damages  and  benefits  assessed, 
and  alter,  modify  and  correct  the  said  return  of  proceedings, 
in  all  or  any  of  its  parts,  as  the  said  Court  shall  deem  just  and 
proper,  and  shall  cause  the  proceedings  and  decisions  on  said 
returns  and  appeals  to  be  entered  in  the  book  containing  the 
record  of  the  proceedings  of  the  Commissioners,  certified  by 
the  Clerk,  under  the  seal  of  the  Court,  and  the  book  to  be 
transmitted  to  the  City  Register,  which  shall  be  final  and  con- 
clusive in  every  respect,  unless  an  appeal  be  taken  to  the  Court 
of  Appeals,  and  such  record  book,  or  a  copy  of  the  proceed- 
ings therein,  or  any  part  of  such  proceedings,  whether  in  court 
or  out  of  court,  certified  by  the  City  Register  under  the  cor- 
porate seal  of  the  City,  shall  be  evidence  in  any  court  in  this 
,State,  a.nd  the  Judge  of  the  Baltimore  City  Court  shall .  have 
full  power,  in  his  discretion,  to  add  the  reasonable  costs  of  any 
appeal,  to  be  taxed  by  him,  or  any  part  thereof,  to  the  damages 
to  be  collected  for  opening  or  closing  said  street,  or  to  require 
,such  cost,  or  any  part  thereof,  to  be  paid  by  all  or  by  either  of 
the  appellants,  as  the  circumstances  of  each  appeal,  in  his 
opinion,  shall  justify.  Upon  every  appeal  to  the  Baltimore 
,City  Court  from  any  action  of  the  Commissioners  for  Opening 
iStreets  both  the  damages  and  benefits  assessed  by  the  Com- 
missioners to  the  appellant  shall  be  open  for  review  and  cor- 
rection by  the  said  City  Court. 

180.  Whenever  any  ordinance  passed  by  the  Mayor  and 
City  Council  of  Baltimore,  providing  for  the  condemnation  and 
'opening,  extending,  widening  or  closing  of  any  street,  lane  or 
alley  in  said  City,  shall  be  set  aside,  or  declared  null  and  void 
by  a  court  of  competent  jurisdiction,  to  wit :  the  Baltimore 


100 

City  Court  or  the  Court  of  Appeals,  in  the  event  of  an  appeal 
to  that  tribunal,  or  the  same  shall  be  repealed  bj  the  City,  it 
shall  be  the  duty  of  the  Comptroller  immediately  thereafter  to 
draw  his  warrant  on  the  City  Eegister  in  favor  of  any  and  all 
persons,  or  their  legal  representatives,  who  may  have  paid  into 
the  City  Treasury  any  sum  or  sums  of  money  on  account 
thereof ;  which  shall  be  forthwith  paid  out  of  any  sums  in  the 
Treasury  not  otherwise  appropriated.  The  Comptroller  shall 
likewise  draw  his  warrant  on  the  City  Eegister  for  the  payment 
of  all  expenses  which  may  have  been  incurred  by  virtue  of  any 
such  ordinance,  in  carrying  out  the  provisions  thereof,  for 
which  the  City  may  be  liable  under  existing  ordinances. 

181.  If  no  appeal  shall  have  been  prayed,  then  within  ten 
days  after  the  time  hereinbefore  limited  therefor,  or  after  the 
return  of  the  decision  upon  any  appeal  shall  have  been  made 
to  the  City  Register,  the  said  City  Register  shall  transfer  the 
said  Commissioners'  return  to  the  City  Collector,  who  shall 
proceed  forthwith  to  notify  the  parties  assessed  for  benefits  by 
means  of  bills  specifying  the  several  sums  so  assessed,  and 
warning  them  that  if  the  same  be  not  paid  within  three  months 
from  the  date  of  such  transfer  of  said  Commissioners'  returns, 
he  will  proceed  to  sell  the  specific  pieces  or  parts  of  property 
on  which  such  unpaid  sum  or  sums  of  money  shall  have  been 
assessed,  in  the  manner,  and  after  having  given  the  notice 
directed  by  this  Article. 

182.  If  the  sums  assessed  upon  the  property  specified  shall 
not  be  paid  within  the  time  above  limited,  the  City  Collector 
is  hereby  directed  to  sell  the  property,  or  any  part  thereof,  on 
which  such  assessment  has  been  laid,  giving  thirty  days' 
notice  of  said  sale,  in  two  of  the  daily  newspapers  published 
in  the  City  of  Baltimore,  the  first  insertion  of  said  notice  to 
be  made  in  said  newspapers  within  sixty  days  after  the  expira- 
tion of  the  time  limited  in  this  Article  for  the  payment  of  said 
benefits  ;  and  the  moneys  so  collected  by  the  City  Collector 
shall  be  paid  over  by  him  to  the  City  as  other  moneys  are 
directed  to  be  paid  over,  to  be  by  it  paid  to  the  persons  enti- 
tled to  receive  the  same. 

183.  In  all  cases  in  which  the  City  Collector  shall  sell  any 
property  on  account  of  the  non-payment  of  assessments  made 
for  the  opening,  closing,  widening  or  extension  of  any  sti'eet, 


101 

lane  or  alley,  it  shall  be  his  duty  to  sell  said  property  to 
the  extent,  and  subject  to  the  same  conditions  which  are  pro- 
vided by  ordinance  for  the  sale  of  real  estate  in  the  city  of 
Baltimore,  charged  with  the  payment  of  other  taxes  imposed 
by  this  corporation  ;  and  in  the  event  of  the  purchaser  or 
purchasers  failing  forthwith  to  comply  with*  the  terms  of  said 
sale,  the  City  Collector  shall  re-sell  the  same  at  the  risk  of  the 
former  purchaser,  giving  not  less  than  ten  days'  notice  in  two 
of  the  daily  newspapers  of  the  City  aforesaid ;  and  after 
collecting  the  benefit  assessments  he  shall  forthwith  return  the 
said  Commissioners'  proceedings  to  the  Comj)troller. 

184.  The  City  Collector,  on  receiving  the  full  amount  of  the 
purchase  money  on  such  sale,  shall  execute  a  deed  of  convey- 
ance in  favor  of  the  purchaser  or  purchasers,  or  their  assign 
or  assigns,  which  deed  shall  convey  a  fee  simple  or  leasehold 
estate,  as  the  case  may  be,  in  and  to  such  property,  and  after 
deducting  the  costs  of  sales,  advertising  and  other  necessary 
expenses,  he  shall  pay  the  balance  of  such  purchase  money  to 
the  City,  which  shall  pay  over  the  said  balance,  after  deducting 
the  amount  assessed  on  said  property,  to  the  person  or  persons 
entitled  thereto,  on  demand,  without  interest. 

185.  All  sums  of  money  assessed  by  the  Commissioners 
aforesaid,  upon  property  deemed  by  them  to  be  benefited,  shall 
be  and  continue  liens  on  each  several  piece  of  property  so 
assessed,  to  the  amount  of  its  particular  assessment,  until  the 
same  shall  be  paid  to  the  City  ;  but  no  part  of  any  street, 
square,  lane  or  alley  shall  be  opened  on  or  over  the  ground  of 
any  person  or  persons,  or  corporation,  adjudged  by  the  Com- 
missioners to  be  entitled  to  damages  for  said  opening,  without 
the  consent,  in  writing,  of  the  person  or  corporation  so  enti- 
tled, until  such  damages  shall  be  paid,  or  the  amount  thereof 
invested  in  the  City  stock,  for  the  use  of  each  person  or  cor- 
poration entitled  to  any  part  of  the  compensation  for  such 
damages,  to  the  amount  of  his,  her  or  their  respective  right 
and  interest  therein,  of  which  investment  the  City  Register's 
certificate,  under  the  corporate  seal  of  the  City,  shall  be  com- 
petent proof. 

186.  Any  person  or  persons  not  claiming  title  to  any  lot  or 
piece  of  property  upon  which  any  sums  shall  be  assessed,  as 
aforesaid,  may  pay  the  amount  of  the  sum  so  assessed,  within 


102 

the  time  limited,  to  the  City  Kegister,  and  obtain  his  certificate 
of  having  paid  such  sum  without  claiming  title  to  the  property  r 
and  such  payment  shall  vest  in  the  person  or  persons  paying 
his,  her  or  their  heirs,  the  lien  on  such  lot  or  property  men- 
tioned in  this  Ai'ticle. 

187.  If  it  should  so  happen  that  any  one  or  more  of  said 
Commissioners  should  be  interested  in  any  particular  ease,  the 
Mayor  shall  make  a  temporary  appointment  of  a  Commissioner 
or  Commissioners,  to  act  in  the  place  and  stead  of  such  inter- 
ested Commissioner  or  Commissioners,  who  shall  take  the  oath 
or  afiirmation,  as  the  case  may  be,  and  in  all  respects  conduct 
himself  and  have  all  the  powers  as  the  other  Commissioners 
who  are  appointed  by  the  Mayor. 

188.  Whenever  any  lot,  or  part  of  a  lot,  or  parcel  of  ground 
may  be  taken  and  included  within  the  lines  of  any  street,  lane 
or  alley,  or  part  thereof,  and  damages  assessed  therefor,  and 
there  shall  be  an  outstanding  unexpired  term  of  years  therein,, 
the  said  Commissioners  shall  discriminate  in  their  proceedings 
between  the  value  of  fee  simple  or  gi'ound  rent  interest,  and 
the  leasehold  interest. 

189.  Whenever  any  obstruction  shall  have  remained  in  any 
street,  lane  or  alley,  or  part  thereof  so  opened,  for  the  space 
of  sixty  days  after  the  proceedings  of  the  said  Commissioners 
shall  have  been  returned  to  the  City  Register,  it  shall  be  the 
duty  of  said  Commissioners  to  cause  the  same  to  be  removed, 
and  to  draw  on  the  Register  for  the  expense  so  incurred,  which 
shall  be  paid  by  him,  and  the  Mayor  shall  forthwith  cause  a 
suit  for  the  recovery  of  said  expenses  to  be  instituted  against 
the  person  or  persons  by  whose  default  the  said  obstruction 
has  been  suffered  to  remain,  and  the  same,  when  recovered, 
shall  be  paid  to  the  Register  for  the  use  of  the  City. 

190.  In  each  case  of  laying  out,  opening,  extending,  widen- 
ing, straightening  or  closing  up,  in  whole  or  in  part,  any  street, 
squai'e,  lane  or  alley,  under  the  provisions  of  this  Article,  the 
said  Commissioners  shall,  for  each  and  every  day  in  which  they 
and  their  Clerk  shall  be  actually  engaged  in  the  performance 
of  their  duties,  assess,  as  part  of  the  expenses  of  their  proceed- 
ings. Si  per  diem  as  to  each  of  said  Commissioners  and  their 
Clerk, '8f  four  dollars,  to  be  collected  as  other  expenses  are, 
and %' 'be  paid  to  the  Register  for  the  use  of'  the  City:  '      '-' 


103 


191.  When  the  proceedings  of  the  Commissioners  for  Open- 
ing Streets  in  any  case  are  transferred  by  the  City  Register  to 
the  City  Collector,  the  City  Register  is  authorized  and  required 
to  pay  all  the  expenses  incurred  by  the  Commissioners  under 
the  said  proceedings.  But  such  expenses  shall  not  remain 
unpaid  more  than  six  months  after  the  completion  of  any  ser- 
vices performed  under  said  ordinance  ;  and  the  Comptroller 
and  Register  are  directed  to  pay,  within  six  months  after  the 
services  have  been  completed,  any  such  expenses,  upon  pre- 
sentation of  the  proper  vouchers  or  certificates  from  the  Com- 
missioners for  Opening  Streets. 

192.  The  Commissioners  for  Opening  Streets,  so  soon  as 
they  shall  have  completed  their  work  on  each  street,  shall 
deposit  all  papers  and  books  relating  thereto  in  the  office  of 
the  City  Register.  The  said  Commissioners  shall  perform 
such  other  duties  as  may  be  required  of  them  by  ordinances 
not  inconsistent  with  this  Article. 

193.  Whenever  the  owner  or  owners  of  the  bed  of  any 
of  the  streets,  lanes  or  alleys  of  the  City,  as  laid  out  on 
Poppleton's  plat,  or  on  such  plat  as  the  City  may  adopt,  for 
the  territory  annexed  under  the  Act  of  1888,  Chapter  98,  shall 
offer  to  convey  the  same  to  the  City,  it  shall  be  the  duty  of  the 
Mayor  to  obtain  the  opinion  of  the  City  Solicitor  in  relation  to 
the  title  to  the  property  and  the  legality  of  the  deed  or  deeds, 
and,  if  in  the  opinion  of  the  Mayor,  it  will  be  right  and  proper, 
and  the  public  good  will  result  therefrom,  he  is  hereby  author- 
ized to  receive,  in  the  name  of  the  Mayor  and  City  Council  of 
Baltimore,  any  deed  or  deeds  so  offered  to  the  City ;  provided, 
that  no  deed  shall  be  for  less  than  one  whole  square,  and  that 
the  City  shall  not  incur  any  expense  in  receiving  the  same ; 
and  that  a  plat  setting  forth  the  location,  together  with  the 
surrounding  property,  to  the  extent  of  two  hundred  feet,  shall 
accompany  said  deed. 

194.  Whenever  any  street,  lane  or  alley,  or  part  thereof, 
shall  be  conveyed  to  the  City,  as  provided  in  the  preceding- 
section,  the  same  shall  be  a  public  highway,  subject  to  all  ordi- 
nances and  resolutions  relating  to  streets,  lanes  and  alleys  in 
the  City  of  Baltimore. 

195.  The  Mayor  and  City  Council  of  Baltimore  will  not 
entertain  any  petition  for  or  remonstrance  against  the  opening, 


104 

widening,  straightening  or  closing  of  any  street,  lane  or  alley 
in  the  City  of  Baltimore,  unless  the  signers  of  such  petition  or 
remonstrance  shall  state  the  location  of  the  property  they 
represent,  together  with  the  number  of  front  feet  of  the  same. 

Division    Embracing   Municipal    Officers    not    included   in    any 

Department. 

196.  City  Librarian. — There  shall  be  an  official  of  the  Mayor 
and  City  Council  of  Baltimore,  to  be  known  as  the  City  Libra- 
rian. He  shall  be  appointed  by  the  Mayor  in  the  manner 
prescribed  in  section  25  of  this  Article  and  hold  his  office  as 
therein  provided.  The  said  Librarian  shall,  under  the  super- 
vision and  direction  of  the  City  Register,  take  under  his  charge 
and  keeping  all  the  books  and  documents  of  every  description, 
and  the  archives,  records,  papers  and  proceedings  of  the  Mayor 
and  City  Council  of  Baltimore,  except  as  is  otherwise  herein 
provided,  now  in  the  possession  of  other  municipal  officers, 
entrusted  with  them  by  the  City,  or  which  may  hereafter  come 
into  the  possession  of  the  City,  and  also  all  the  ordinances, 
resolutions,  and  proceedings  of  the  City  Council  after  each  and 
every  session  thereof ;  and  he  shall  arrange  and  classify,  so  as  to 
be  easily  found  when  needed,  all  the  books,  documents,  records, 
papers,  ordinances  and  resolutions,  and  proceedings  hereby 
placed  and  hereafter  to  come  under  his  charge  and  keeping ; 
and  he  shall  furthermore  carefully  collect  and  arrange  and 
safely  keep  a  complete  series  of  ordinances  and  resolutions  and 
proceedings  of  the  Mayor  and  City  Council  of  Baltimore,  and 
all  other  books,  papers  and  memorials  relating  to  Baltimore, 
from  its  beginning  as  a  town  to  the  present  time,  and  this  shall 
continue  to  be  one  of  his  regular  duties,  and  he  shall  not  permit 
any  book  or  books,  or  documents  of  said  series  to  be  taken  or 
removed  by  any  one  from  the  City  Library,  and  he  shall  permit 
no  other  book,  document,  record  or  paper  of  any  sort  to  be 
taken  from  the  City  Library,  except  by  City  officers,  and  then 
only  on  a  written  receipt  from  such  City  officer  or  officers  for 
the  same,  which  receipt  shall  be  written  in  a  book  to  be  kept 
for  that  purpose,  and  shall  be  duly  cancelled  on  the  return  of 
the  book,  documents,  records  or  papers  so  borrowed ;  and  he 
shall  see  that  no  books,  documents,  records  or  papers  of  any 
sort  be  lost  or  mislaid  by  said  City  officers  ;  he  shall  also  care- 
fully prepare  and  keep  an  index  for  that  purpose  of  all  the 
books,  documents,  records  and  papers  of  said  library.  Room 
shall  be  provided  in  the  City  Hall,  and  properly  furnished  for 


J05 


the  reception  and  custody  of  said  library.  The  salary  of  the 
City  Librarian  shall  be  one  thousand  five  hundred  dollars  per 
Jinnum,  payable  monthly ;  and  he  shall  give  a  good  and  suffi- 
cient bond,  to  be  approved  as  authorized  by  this  Article,  in 
the  sum  of  five  thousand  dollars,  for  the  faithful  performance 
of  his  duties  in  the  premises. 

197.   Each  of  the  departments,  sub-departments,  municipal 
officers  not  embraced  in  a  department,  and  special  commis- 
sions or  boards  of  the  Mayor  and  City  Council  of  Baltimore 
shall,  on  or  before  the  first  day  of  December  in  every  year, 
furnish  to  the  City  Librarian  a  schedule  of  all  stationery  and 
printed   matter,  which  may  be  required  for  the  use  of  such 
departments,  sub-departments,  municipal  officers  and  commis- 
sions or  boards  for  the  year  commencing  on  the  first  day  of 
January  thereafter.     It  shall  be  the  duty  of  the  City  Librarian 
twenty  days  prior  to  the  first  day  of  January  in  each  year,  to 
advertise  for  proposals  for  furnishing  all  such  stationery  and 
printed  matter  as  may  be  required  by  the  respective  depart- 
ments, sub-departments,  municipal  officers  and  commissions  or 
boards  of  the  City,  exce23t  stationery  for  the  public  schools,  for 
the  ensuing  fiscal  year.     No  proposals  shall  be  received  from 
any  but  those  actually  engaged  in  the  printing  and  stationery 
business  in  Baltimore ;  such  proposals,  when  received,  shall  be 
opened,  and  the  contracts  awarded  in  the  manner  now  or  which 
may  hereafter  be  prescribed  by  ordinance  ;  the  right  to  reject 
any  bid  that  shall  not  be  deemed  for  the  best  interest  of  the 
City  is  hereby  reserved.     All  contracts  which  may  be  awarded 
in  pursuance  of  the  provisions  of  this  section  shall  contain  a 
clause  stipulating  that  any  stationery  or  printed  matter  which 
may  be   required   for   the  use  of    any  department,  municipal 
officers  and  commissions  or  boards  aforesaid  of  the  City,  over 
and  above  the  quantity  specially  designated  in  said  contracts, 
shall  be  furnished  by  the  contractors  at  the  same  rate  charged 
for  articles  which  are  specially  mentioned  in  said  contracts, 
and  if  any  supplies  are  required  which  are  not  mentioned  in 
said  contract  they  shall  be  furnished  at  the  lowest  market 
rates.     It  shall  be  the  further  duty  of  the  City  Librarian  to 
furnish  to  each  of  the  departments  of  the  City,  sub-departments, 
municipal  officers  not  embraced  in  a  department  and  special 
commissions  or  boards,  from  time  to  time,  upon  the  requisition 
of  the  heads  of  said  departments,  sub-departments,  municipal 
officers  and  commissions  or  boards,  the  stationery  and  printed 
matter,  except  stationery  for  the  public  shools,  which  may  be 


106 


necessary  for  the  use  of  said  departments,  sub-departments, 
municipal  officers  not  embraced  in  a  department  and  special 
commissions  or  boards,  and  to  keep  an  accurate  account  of 
all  supplies  which  may  be  so  furnished ;  and  he  shall  annually 
report  to  the  City  Council  of  Baltimore  the  quantity  of  station- 
ery and  printed  matter  which  he  shall  have  furnished  to  the 
respective  departments,  sub-departments,  municipal  officers  and 
commissions  or  boards  during  the  preceding  fiscal  year,  and 
the  expense  of  the  same. 

198.  The  City  Librarian  is  hereby  authorized  and  directed 
to  appoint  two  assistants,  to  be  known  as  First  Assistant 
Librarian  and  Second  Assistant  Librarian,  who  shall  perform 
such  duties  as  the  Librarian  shall  from  time  to  time  prescribe 
and  direct,  and  for  whose  acts  the  Librarian  shall  be  held 
responsible.  The  First  Assistant  shall  give  such  bond  as  pro- 
vided by  ordinance  and  approved  by  the  Mayor.  In  the  event 
of  the  necessary  absence  of  the  Librarian,  from  sickness  or 
other  cause,  the  First  Assistant,  with  the  approbation  of  the 
Mayor,  shall  have  full  power  and  authority  to  perform  all  the 
duties  of  the  Librarian.  The  salary  of  the  First  Assistant 
Librarian  shall  be  nine  hundred  dollars  per  annum,  payable 
monthly,  and  the  salary  of  the  Second  Assistant  shall  be  seven 
hundred  and  fifty  dollars  per  annum,  payable  monthly. 

199.  There  shall  be  opened,  under  the  direction  of  the  City 
Librarian,  a  set  of  books  in  which  shall  be  entered  all  requisi- 
tions made  upon  the  City  Librarian  from  the  different  depart- 
ments, sub-departments,  municipal  officers  and  commissions  or 
boards  of  the  Mayor  and  City  Council  of  Baltimore,  from  time 
to  time,  and  each  department,  sub-department,  municipal  offi- 
cer and  commission  or  board  shall  be  charged  with  all  books, 
stationery  and  printed  matter  it  may  receive  from  said  Libra- 
rian ;  there  shall  be  kept  a  record  of  all  bids  received  for  books, 
stationery  and  printed  matter  and  of  the  acceptance  or  rejection 
thereof.  The  City  Librarian  shall  permit  no  bid  once  filed  in 
his  office  to  be  withdrawn  therefrom.  There  shall  be  copied 
and  filed  away  all  contracts  made  or  entered  into  between 
bidders  and  the  City  Librarian ;  and  there  shall  be  annually 
prepared  a  general  statement  of  all  the  transactions  of  the 
City  Librarian's  office,  and  presented  to  the  City  Council. 

200.  The  City  Library  shall  be  kept  open  daily  from'Q  AT 
M.  to  4  P.  M.,  and  during  the  sessions  of  the  City  Council  and 


107 

at  such  other  times  as  may  be  necessary  or  may  be  prescribed 
by  ordinance,  with  the  Librarian  or  his  Assistants  in  attend- 
ance. 

201.  Art  Commission. — There  shall  be  an  Art  Commission, 
to  consist  of  the  Mayor  of  the  City  of  Baltimore  and  seven 
others,  to  be  named  by  the  following  institutions,  and  appointed 
by  the  Mayor  in  the  manner  prescribed  by  section  25  of  this 
Article,  and  hold  their  offices  as  therein  provided :  One  shall 
be  named  by  the  Maryland  Historical  Society,  one  by  the 
Johns  Hopkins  University,  one  by  the  Peabody  Institute,  one 
by  the  Maryland  Institute  for  the  Promotion  of  the  Mechanic 
Arts,  one  by  the  Architectural  Club  of  Baltimore,  one  by  the 
Board  of  Park  Commissioners,  and  one  by  the  Charcoal  Club ; 
the  members  of  the  Commission  shall  serve  without  pay.  If 
any  of  said  institutions  shall  fail  to  name  a  Commissioner  for 
thirty  days  after  having  been  requested  in  writing  by  the 
Mayor  so  to  do,  the  Mayor  shall  name  such  Commissioner. 

202.  No  statute,  ornamental  fountain,  arch  or  gateway, 
monument  or  memorial  of  any  kind  shall  be  erected,  nor  any 
change  made  in  those  already  erected  in  any  public  street, 
avenue,  square,  place,  park  or  municipal  building  in  the  City 
of  Baltimore  unless  the  design  and  site  or  proposed  change 
for  the  same  shall  have  been  submitted  to  the  Commission  and 
approved  by  a  majority  thereof,  and  its  report  shall  have  been 
made  to  the  City  Council ;  said  report  shall  be  made  within 
thirty  days  from  the  time  when  the  design  and  site  or  pro- 
posed change  as  above  specified  shall  have  been  submitted  to 
the  Commission  for  its  approval. 

203.  The  Commission  shall,  at  the  request  of  the  Mayor,  or 
the  City  Council,  give  its  advice  as  to  the  suitability  of  the 
design  for  any  public  building,  bridge  or  other  structure,  and 
shall  report  thereon  in  writing  to  the  City  Council.  All  vacan- 
cies in  said  Commission  shall  be  filled  by  the  Mayor  from 
those  named  by  the  institutions  as  herein  provided  ;  and  in 
case  any  of  said  institutions  fail  for  thirty  days,  after  receiving 
the  request  of  the  Mayor,  to  name  a  person  to  fill  the  .said 
vacancy,  the  Mayor  shall  fill  it  with  a  person  of  his  own 
selection. 

204.  Superintemlent  of  Lamps  ami  Lightimj. — There  shall 
be  a   Superintendent  of  Lamps   and   Lighting,  who   shall   be 


108 


appointed  by  the  Mayor  in  the  manner  prescribed  in  section  25 
of  this  Article,  and  hokl  his  office  as  therein  provided.  He 
shall  have  under  his  charge  and  supervision  the  lighting  of  the 
City  of  Baltimore,  and  shall  perform  the  duties  now  performed 
by  the  General  Superintendent  of  Lamps  and  Inspector  and 
Sealer  of  Gas  Meters,  and  such  other  duties  as  may  be 
prescribed  by  ordinances,  not  inconsistent  with  this  Article. 
He  shall  have  power  to  appoint  an  assistant,  who  shall  perform 
all  the  duties  now  performed  by  the  Inspector  of  Illuminating 
Gas  and  Oils.  The  Superintendent  of  Lamps  and  Lighting 
shall  have  the  power  to  appoint  such  number  of  district  super- 
intendents of  lamplighters  as  the  requirements  of  the  City  may 
demand  and  as  are  necessary  to  properly  care  for  the  lamps 
and  lighting  of  the  City,  and  fix  their  compensation,  not  to 
exceed  in  the  aggregate  the  amount  appropriated  by  ordinance. 
He  shall  have  power  to  appoint  such  clerks  and  employees  as 
may  be  necessary  to  properly  conduct  his  office,  and  as  the 
annual  appropriations  of  the  City  for  his  use  in  the  discharge 
of  his  duties  may  warrant.  The  compensation  of  the  Superin- 
tendent of  Lamps  and  Lighting  ^hall  be  two  thousand  dollars 
per  annum,  payable  monthly,  and  his  assistants  and  the  clerks 
and  employees  under  him  shall  be  paid  such  fixed  salaries  as 
may  be  prescribed  by  ordinance,  and  not  in  fees ;  all  fines  and 
inspection  fees  shall  be  paid  to  the  Comptroller. 

205.  Surveyor.— There  shall  be  a  Surveyor,  to  be  elected 
on  the  Tuesday  next  after  the  first  Monday  of  November  in  the 
year  eighteen  hundred  and  ninety-nine,  and  on  the  same  day  in 
every  second  year  thereafter,  and  whose  term  of  office  shall 
commence  on  the  first  Monday  in  January  next  ensuing  after 
his  election  ;  his  duties  and  composition  shall  be  prescribed  by 
the  ordinances  of  the  Mayor  and  City  Council  of  Baltimore. 
Any  vacancy  in  the  office  of  Surveyor  shall  be  filled  by  the 
Mayor  and  City  Council  of  Baltimore  for  the  residue  of  the 
term. 

206.  Constables. — There  shall  be  two  Constables  for  every 
ward  of  the  City  of  Baltimore,  who  shall  be  appointed  by  the 
Mayor  and  City  Council  of  Baltimore,  and  hold  their  offices 
for  two  years.  Their  duties  and  compensation  shall  be  the 
same  as  are  now,  or  may  hereafter  be  prescribed  by  law  or 
ordinances. 


109 

207.  Superintendent  of  Public  Buildings. — There  shall  1)e  a 
Superintendent  of  Public  Buildings,  who  shall  be  appointed  by 
the  Mayor  in  the  manner  prescribed  in  section  25  of  this 
Article,  and  hold  his  oilice  as  therein  provided.  The  said 
Superintendent  of  Public  Buildings  shall  provide  for  the 
watching,  cleaning  and  heating,  and  shall  have  charge  of,  the 
City  Hall  and  the  buildings  and  offices  in  which  the  different 
Courts  of  the  City  may  be  held  and  in  which  their  records 
may  be  kept.  He  shall  receive  a  salary  of  one  thousand  five 
hundred  dollars  per  annum,  payable  monthly,  and  perform 
such  other  duties  as  may  be  provided  by  ordinances,  not 
inconsistent  with  this  Article.  He  shall  employ  such  assist- 
ants and  employees,  and  at  such  compensation  as  may  be 
fixed  by  ordinance. 

208.  Public  Printer. — There  shall  be  a  Public  Printer,  who 
shall  be  elected  on  the  second  Monday  of  June,  in  the  year 
eighteen  hundred  and  ninety-nine,  and  on  the  same  day  and 
month  in  every  second  year  thereafter,  by  a  convention  of  lioth 
Branches  of  the  City  Council.  The  Public  Printer  shall  be  a 
reputable  person,  firm  or  corporation,  who  shall  be  bonafde 
engaged  in  the  printing  business  in  the  City  of  Baltimore,  to 
execute  the  printing  required  by  both  Branches  of  the  City 
Council,  who  shall  perform  the  duties  required  of  him,  them 
or  it  by  ordinances  not  inconsistent  with  this  Article,  and  who 
shall,  before  he,  they  or  it  enter  upon  the  discharge  of  his, 
their  or  its  duties  as  such,  execute  a  bond  to  the  Mayor  and 
City  Council  of  Baltimore,  in  the  penal  sum  of  five  thousand 
dollars,  with  the  condition  that  he,  they  or  it  will  faithfully 
discharge  the  several  duties  incumbent  upon  him,  them  or  it, 
which  bond  shall  be  deposited  in  such  place  as  the  Mayor 
may  select  for  depositing  papers  of  this  kind,  and  be  delivered 
by  him  to  his  successor  in  office. 

Legislative  Department. 

209.  The  Legislative  Department  of  the  Mayor  and  City 
Council  of  Baltimore  shall  be  vested  in  the  City  Council, 
which  shall  consist  of  two  Branches,  one  of  which  shall  be 
the  First  Branch  and  the  other  the  Second  Branch. 

210.  The  First  Branch  shall  consist  of  one  member  from 
each  ward  of  the  City,  who  shall  be  a  citizen  of  the  United 
States,  above  the   age  of  twenty-one  years,  a  resident  of  the 


110 


City  three  years  preceding  his  election,  and  for  the  same  time 
a  resident  of  the  ward  for  which  he  is  elected,  and  assessed 
with  property  to  the  amount  of  three  hundred  dollars,  who 
has  paid  taxes  on  the  same  one  year  prior  to  his  election,  and 
shall  hold  his  office  for  two  years.  Each  member  of  the  First 
Branch  shall  be  paid  a  salary  of  one  thousand  dollars  per 
annum,  payable  monthly. 

211.  The  Second  Branch  shall  consist  of  nine  members, 
one  of  whom  shall  be  the  President  thereof,  and  shall  possess 
the  qualification  and  be  elected  as  hereinafter  provided.  The 
other  eight  members  shall  be  elected  from  the  City  of  Balti- 
more at  large,  until  the  Mayor  and  City  Council  of  Baltimore 
shall  divide  the  City  of  Baltimore  into  four  Councilmanic  Dis- 
tricts, to  be  known  as  the  first,  second,  third  and  fourth  Coun- 
cilmanic Districts,  which  shall  each  contain  as  near  as  possible 
one-fourth  of  the  population  of  the  City  of  Baltimore,  and  shall 
each  be  composed  of  six  contiguous  wards,  according  to  their 
numerical  order,  beginning  with  the  first  ward.  After  said 
division,  then  two  members  of  the  Second  Branch  shall  be 
elected  from  each  of  said  Districts.  The  members  of  the 
Second  Branch,  excepting  the  President  thereof,  shall  be  citi- 
zens of  the  United  States  above  the  age  of  twenty-five  years, 
residents  of  the  City  of  Baltimore  four  years  prior  to  their 
election,  each  of  whom  has  been  assessed  with  property  in  the 
said  City  in  the  sum  of  five  hundred  dollars,  and  who  has  paid 
taxes  on  the  same  for  two  years  prior  to  his  election,  and  said 
members  of  the  Second  Branch  shall  hold  their  offices  for  four 
years,  except  as  provided  in  section  213  of  this  Ai'ticle,  and 
each  of  them  shall  be  paid  a  salary  of  one  thousand  dollars 
per  annum,  payable  monthly,  jjrovided,  that  the  members  of 
the  Second  Branch  of  the  City  Council  in  office  upon  the  date 
of  the  passage  of  this  Article  shall  receive  such  compensation 
as  they  would  have  been  entitled  to  receive  if  they  had  served 
out  the  full  term  for  which  they  were  elected. 

212.  The  election  for  members  of  the  First  Branch  shall 
be  held  on  the  Tuesday  next  after  the  first  Monday  in  May, 
in  the  year  eighteen  hundred  and  ninety-nine,  and  upon  every 
second  year  thereafter.  Said  election  shall  be  held  by  wards, 
and  no  person  shall  be  entitled  to  vote  for  any  member  of  the 
First  Branch  except  for  the  member  for  the  ward  of  which  the 
voter  is  a  resident.    The  members  of  said  Branch  now  in  office 


Ill 


shall  hold  office  until  their  successors  have  been  elected  under 
the  provisions  of  this  article,  and  have  duly  qualified. 

213.  The  election  for  the  said  eight  members  of  the  Second 
Branch  shall  be  held  on  the  Tuesday  next  after  the  first  Monday 
in  May,  in  the  year  eighteen  hundred  and  ninety-nine.  Their 
terms  of  office  shall  be  for  four  years,  except  that  the  members 
of  the  Second  Branch  first  elected  shall  determine  by  lot  tlieir 
terms  of  office,  so  as  to  provide  for  the  retirement  of  one-haK 
of  the  said  members  of  the  Second  Branch  at  the  end  of  the 
first  two  years.  On  the  Tuesday  next  after  the  fii'st  Monday 
in  May,  in  the  year  nineteen  hundred  and  one,  and  in  every 
second  year  thereafter,  an  election  shall  be  held  for  four  mem- 
bers of  said  Branch  to  fill  the  places  of  the  members  then 
retiring. 

214.  There  shall  be  elected  on  the  Tuesday  next  after  the 
first  Monday  in  May,  in  the  year  eighteen  hundred  and  ninety- 
nine,  and  upon  every  fourth  year  thereafter,  from  the  City  at 
large,  a  person  to  be  the  President  of  the  Second  Branch  of  the 
City  Council,  who  shall  possess  the  qualifications  required  and 
hereinbefore  defined,  of  the  Mayor  of  the  City  of  Baltimore. 
His  duty  shall  be  to  preside  over  the  Second  Branch  of  the 
City  Council,  and  vote  on  all  questions,  and  perform  such  other 
duties  as  may  be  prescribed  by  ordinances  not  inconsistent 
with  this  Article.  He  shall  be  paid  a  salary  of  three  thousand 
dollars  per  annum,  payable  monthly.  A  joint  convention  of 
the  two  Branches  of  the  City  Council,  by  a  majority  vote  of 
all  the  members  elected  to  the  City  Council,  may  remove  from 
office  the  President  of  the  Second  Branch  for  incompetency, 
wilful  neglect  of  duty  or  misdemeanor  in  office,  upon  charges 
preferred  by  the  Mayor,  and  after  notice  of  such  charges  is 
given  to  the  President  of  the  Second  Branch,  and  an  oppor- 
tunity affijrded  him  to  be  heard. 

215.  The  qualifications  of  electors  of  members  of  the  City 
Council  shall  be  the  same  as  those  of  electors  of  the  Mayor. 
All  vacancies  in  the  First  Branch  shall  be  filled  without  delay 
by  the  First  Branch  from  the  ward  in  which  the  said  vacancy 
occurs,  by  an  election  of  a  person  possessing  the  qualifications 
hereinbefore  prescribed,  to  fill  the  unexpired  term  of  the  former 
incumbent.  If  a  vacancy  occurs  in  the  Second  Branch,  then 
said  Branch  shall  forthwith  fill  said  vacancy  by  the  election  of 


112 


a  person  possessing  the  qualifications  hereinbefore  prescribed 
from  the  City  at  large  or  from  the  proper  Councilmanic  District, 
if  there  be  siicli  District  at  that  time. 

216.  The  City  Council  shall  meet  on  the  Thursday  next 
after  the  third  Monday  in  May,  in  the  year  eighteen  hundred 
and  ninety-nine,  and  upon  the  same  day  in  each  year  thereafter, 
and  may  continue  in  session  for  one  hundred  and  twenty  days, 
and  no  longer,  in  each  year;  provided,  that  they  may,  by  ordi- 
nance or  resolution,  so  arrange  their  sittings  that  the  same 
may  be  held  continuously  or  otherwise ;  and  provided  further, 
that  the  Mayor  may  convene  the  City  Council  in  extra  session, 
as  he  may  now  do  by  the  fourth  section  of  the  eleventh  Article 
of  the  State  Constitution. 

217.  Each  Branch  of  the  City  Council  may  compel  the 
attendance  of  absent  members,  in  such  manner  and  under 
such  penalties  as  it  may  by  ordinance  provide.  The  first 
Branch  shall  appoint  its  own  President,  who  shall  preside  at 
all  its  sessions,  and  shall  vote  on  all  questions,  and  in  case  of 
the  absence,  sickness  or  other  disqualification  of  the  Mayor 
and  the  President  of  the  Second  Branch,  shall  perform  all  the 
duties  of  the  office  of  Mayor  during  the  period  in  which  the 
sickness,  absence  or  disqualification  of  said  officer  shall  continue. 
Each  Branch  of  the  City  Council  shall  judge  of  the  election  and 
qualifications  of  its  own  members,  subject  to  appeal  by  petition 
of  the  party  aggrieved  to  the  Baltimore  City  Court.  With  the 
concurrence  of  three-fourths  of  the  whole  members  of  either 
Branch,  it  may  expel  any  member  for  disorderly  behavior  or 
misconduct  in  office,  but  not  a  second  time  for  the  same  offense. 
Each  Branch  shall  adopt  its  own  niles  of  procedure,  not  incon- 
sistent with  this  Article,  appoint  its  own  officers,  regulate  their 
respective  compensation  not  to  exceed  in  the  aggregate  the 
amount  appropriated  by  the  ordinance  of  estimates,  and  remove 
them  at  pleasure.  Each  Branch  shall  keep  a  journal  of  its 
proceedings,  and  enter  the  yeas  and  nays  on  any  question, 
resolution  or  ordinance,  at  the  request  of  any  member,  and  the 
deliberations  of  both  Branches  shall  be  public. 

218.  The  Mayor  and  City  Council  of  Baltimore  shall  have 
power  to  pass  all  ordinances  necessary  to  give  effect  and  opera- 
tion to  all  powers  vested  in  the  corporation  of  the  City  of 
Baltimore. 


118 

219.  Ordinances  and  resolntions  of  the  Mayor  and  City 
Council  of  Baltimore  may  be  read  in  evidence  from  the  printed 
volumes  thereof  published  by  authority  of  said  corporation. 

220.  The  style  of  all  ordinances  shall  be:  "Be  it  ordained 
by  the  Mayor  and  City  Council  of  Baltimore." 

221.  Every  legislative  act  of  the  Mayor  and  City  Council  of 
Baltimore  shall  be  by  ordinance  or  resolution.  No  ordinance 
or  resolution  shall  be  passed  except  by  a  vote  of  a  majority  of 
all  the  members  elected  to  each  Branch,  and  on  its  final  pas- 
sage the  vote  shall  be  taken  by  yeas  and  nays,  the  names  of 
members  voting  for  and  against  the  same  being  entered  on  the 
journal.  Every  ordinance  enacted  by  the  City  shall  embrace 
but  one  subject,  which  shall  be  described  in  its  title,  and  no 
ordinance  shall  be  revived,  amended  or  re-enacted  by  mere 
reference  to  its  title,  but  the  same  shall  be  set  forth  at  length, 
as  in  the  original  ordinance.  And  no  ordinance  shall  become 
effective  until  it  be  read  on  three  different  days  of  the  session 
in  each  Branch,  unless  all  the  members  elected  to  the  Branch 
where  such  ordinance  is  pending  shall  so  determine  by  yeas 
and  nays,  to  be  recorded  on  the  Journal,  and  no  ordinance 
shall  be  read  a  third  time  until  it  shall  have  been  actually 
engrossed  for  a  third  reading. 

222.  In  case  it  becomes  necessary  for  the  President  of  the 
Second  Branch  to  fill  the  unexpired  term  of  the  Mayor,  as 
herein  provided,  the  Second  Branch  shall  thereupon  elect  a 
new  President  for  the  unexpired  term,  but  they  shall  not  elect 
as  such  President  one  of  their  own  number. 

MISCELLANEOUS   LOCAL   LAWS. 
ARBITRATION — COURT   OF. 

223.  The  Board  of  Trade  shall  have  power  and  authority 
to  create  and  organize  within  itself  a  Court  of  Arbitration  for 
the  adjudication  and  settlement,  according  to  the  principles  of 
law,  equity  and  commercial  usage,  or  of  either,  applicable 
thereto,  of  any  and  all  controversies  concerning  or  growing  out 
of  contracts  of  sale,  manufacturing  or  letting  on  rent ;  of  the 
making  or  negotiating  or  transfer  of  bills  of  exchange, 
promissory  notes,  bills  of  lading,  railroad,  warehouse  or 
similar  receipts,  and  other  such  commercial  paper ;  of  guaran- 

8 


114 


ties,  of  agency,  of  bailment,  of  partnersliip,  of  insurance,  of 
affreightment,  or  of  any  o"tlier  transaction,  of  whatever  specific 
class,  pertaining  to  trade,  commerce,  navigation,  manufactures 
or  mechanical  arts,  or  business  connected  with  any  of  these,  or 
contracts  for  personal  work,  labor  and  service  done  or  rendered, 
or  to  be  done  or  rendered,  in  and  about  the  pursuit  and 
transactions  of  trade,  commerce,  navigation,  manufactures  or 
mechanical  arts,  one  or  more  of  the  parties  to  which  contro- 
versies is  or  are  members  of  the  said  corporation,  in  all  cases 
wherein  such  controversy  is  by  the  consent  of  all  the  parties 
thereto,  signified  by  a  submission  in  writing,  referred  for 
adjudication  and  settlement  to  said  court. 

224.  Ill  order  to  the  due  and  effective  execution  of  the 
power  in  the  next  preceding  section  granted,  the  said  corpora- 
tion shall  have  the  further  power,  either  directly  in  corporate 
meeting,  whether  the  regular  annual  meeting  or  a  special  meet- 
ing called  for  the  purpose  by  reasonable  notice  to  all  the 
members,  of  the  time,  place  and  object  thereof,  by  advertise- 
ment in  one  or  more  of  the  daily  newspapers  of  the  City  of 
Baltimore,  or  else  by  delegation,  in  such  meeting,  by  rule  or 
otherwise,  made  through  the  oflicers  and  directors,  constituting 
the  Board  of  Directors  or  management  of  said  corporation,  in 
either  case  by  the  concurring  votes  of  a  majority  of  the  members 
of  said  corporation  or  Board  of  Directors,  as  the  case  shall  be, 
present  at  such  meeting  of  the  one  or  the  other  for  the  purpose 
— provided  there  be  then  and  there  a  quorum  present,  as  con- 
stituted by  the  Constitution,  Articles  of  Association  or  By-Laws 
of  the  said  corporation  or  Board  of  Directors — from  time  to 
time  to  elect  from  among  those  persons  who  have  been,  or 
before  any  such  election  shall  have  been,  admitted  to  practice 
law  in  this  State,  one  learned  in  the  law  and  possessing  such  other 
qualifications  as  the  said  corporation  shall,  by  rule  or  regula- 
tion, as  hereinafter  empowered,  prescribe,  whether  such  person 
be  a  member  of  said  corporation  or  not,  unless  otherwise  pro- 
vided by  such  rule  or  regulation,  as  Judge  of  the  said  Court  of 
Arbitration,  and  also  to  elect  in  like  manner,  or  to  provide  for 
the  election  or  appointment  of  a  Clerk  of  the  said  court ;  and 
shall  have  power  also,  by  rules  and  regulations  duly  adopted  by 
the  said  corporation  in  such  corporate  meeting  as  aforesaid,  or 
by  the  delegation  of  said  corporation  in  such  meetings  made  by 
its  said  Board  of  Directors,  to  define  the  duties,  powers  and 
functions  of  the  said  Judge  and  of  the  said  Clerk,  and  of  any 
other  members  or  oificers  of  the  said  Court  of  Arbitration  pro- 


115 


vitled  for  as  liereinafter  is  authorized,  and  to  determine  the  juris- 
diction of  the  said  Judge,  original  and  aj^pellate,  whether  sitting 
alone  or  with  laymen,  members  of  the  said  corporation  asso- 
ciated with  him,  and  to  fix  the  term  of  time  for  which  the  said 
Judge  and  the  said  Clerk,  respectively,  shall  be  elected,  and 
the  terms  and  conditions  upon  which  each  shall  hold  or  con- 
tinue to  hold  his  office,  and  the  amount  and  mode  of  the  com- 
pensation of  each,  not  to  be  diminished,  however,  during  the 
currency  of  a  term  of  office ;  to  provide  for  the  appointment 
of  temporary  substitutes  for  the  said  Judge  and  the  said  Clerk, 
or  either,  when  from  any  cause  this  shall  be  necessary  for  the 
jDrompt  administration  of  the  justice  of  the  court,  and  also 
for  the  appointment  of  lay  arbitrators  as  members  of  the  said 
€orporation,  for  the  hearing  and  determination  of  a  particular 
case,  either  in  the  j&rst  instance  with  right  to  the  parties,  or 
either  of  them,  to  appeal  to  the  said  Judge,  or  as  assessors 
associated  with  the  said  Judge  when  parties  so  choose,  and  to 
define,  in  such  cases,  the  powers,  duties  and  authority  of  such 
lay  arbitrators  or  assessors ;  and  also  prescribe  the  forms  and 
modes  of  application,  procedure,  pleading,  practice,  trial  and 
process  in  the  said  court,  in  all  the  necessary  details  thereof, 
and  the  effect  of  the  awards  and  judgments  or  decisions  of  the 
said  court,  as  to  the  finality  or  conclusiveness  or  otherwise 
thereof,  and  the  methods  and  means  of  securing  compliance 
therewith  by  the  parties ;  and  also  to  regulate  the  costs  and 
fees  to  be  paid  by  the  parties  to  any  such  controversy  so  sub- 
mitted, and  the  amount  and  time  and  manner  of  payment 
thereof,  and  the  disposition  of  such  costs  and  fees ;  provided, 
however,  that  no  such  rule  or  regulation  shall  be  valid  if  it 
shall  be  contrary  to  the  general  law  of  the  State,  or  to  natural 
right  or  sound  reason,  or  be  intended  to  provide  for  enforcing 
payment  or  other  performance  of  the  award,  judgment  or  deci- 
sion of  the  said  Court  or  Board  of  Arbitration  by  any  final 
process  of  execution  otherwise  than  is  directed  in  the  succeed- 
ing section. 

225.  When,  in  any  such  case  so  submitted  as  is  hereinbefore 
provided,  an  award,  judgment  or  decision  shall  have  been  ren- 
dered by  the  said  Court  or  Board  of  Arbitration,  that  is,  accord- 
ing to  the  rules  and  regulations  hereinbefore  authorized,  final 
and  conclusive  upon  the  parties,  and  shall  have  been  recorded 
by  the  Clerk  of  the  said  Court  in  a  book  to  be  provided  and 
kept  for  the  purpose  within  a  time  limited  therefor  in  the  said 


116 


rules  and  regulations,  the  successful  party  shall  have  the  right 
to  have  the  said  original  award,  judgment  or  decision  in  writing, 
signed  by  those  members  of  the  said  Court  or  Board  concur- 
ring therein,  and  dnlj  certified  by  the  Clerk  to  be  the  original 
award,  judgment  or  decision,  under  his  hand  and  seal  of  the 
corporation ;  and  if  the  said  award,  judgment  or  decision,  shall 
be  for  the  recovery  by  the  one  party  and  payment  to  him  by  the 
other,  of  a  certain  sum  of  money,  the  said  successful  party  shall, 
upon  his  filing  the  said  award,  judgment  or  decision  so  certified, 
with  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  or  at  his 
option  with  the  Clerk  of  the  Court  of  Common  Pleas  of  said  City, 
have  the  right  to  have  the  same  entered  by  its  proper  style,  in 
the  name  of  such  succssful  party  as  plaintiff  against  the  losing 
party  as  defendant,  in  its  order  of  time,  upon  the  court  calendar 
or  docket  of  causes  to  be  called  at  the  next  succeeding  term  or 
rule  day  of  said  court,  whichever  shall  first  occur,  and  upon 
the  call  thereof  in  its  course,  to  have  judgment  at  once  ordered 
and  entered  up,  as  upon  a  verdict  for  the  recovery  of  the  same 
amount,  according  to  the  practice  of  said  court,  and  to  have 
process  of  execution  for  its  enforcement  and  satisfaction  in  all 
respects  as  if  the  said  amount  had  been  recovered  by  a  judgment 
of  the  said  court  in  a  regular  suit  between  the  same  parties  in 
the  same  relative  position  on  the  record,  there  instituted  and 
prosecuted  in  the  ordinary  modes  of  proceeding  therein ;  but  if 
the  said  award,  judgment  or  decision  shall  be  for  the  recovery 
by  the  one  party,  and  the  surrender  or  delivery  by  the  other  to 
him  of  the  possession  of  specific  property,  the  said  successful 
party,  upon  filing  such  award,  judgment  or  decision,  so  certified 
as  aforesaid,  with  the  Clerk  of  the  Circuit  Court  of  Baltimore 
City,  or  such  other  court  therein  as  shall  at  the  time  have  juris- 
diction there  of  causes  in  equity,  shall  have  the  right,  on  or  at 
any  time  after  the  first  day  of  the  next  succeeding  term,  or  on  or 
at  any  time  after  the  next  succeeding  rule  day  of  the  said  court, 
which  ever  shall  first  occur,  to  have,  upon  motion  therefor,  an 
order  made  by  the  said  court,  afiirming  the  said  award,  judg- 
ment or  decision,  and  making  the  same  a  decree  of  the  said 
court,  and  to  have  the  same  enforced,  if  the  recovery  be  of  the 
possession  of  land,  freehold  or  leasehold,  by  a  writ  in  the  nature 
of  a  writ  of  Imhere  facias  possessionem,  such  as  the  said  court  is 
authorized  to  issue  for  the  purpose  of  putting  a  purchaser 
under  its  decree  in  possession  of  the  land  purchased  by  him, 
and  to  be  executed  in  the  same  manner  and  by  the  same  officer 
against  such  losing  party  to  such  award,  judgment  or  decision, 
and  any  and  all  and  every  other  person  in  possession  of  said 


117 

land,  claiming  the  same  by  vii-tue  of  a  title  derived  from, 
through  or  under  such  losing  party,  and  acquired  subsequently 
to  the  date  of  such  award,  judgment  or  decision,  which  said 
writ  the  said  court  is  authorized  and  empoAvered  to  issue  for 
this  purpose  upon  application  in  writing  of  such  successful 
party  to  the  said  award,  judgment  or  decision,  in  person  or  by 
attorney,  verified  by  the  affidavit  of  himself  or  his  attorney, 
unless  good  cause  to  the  contrary  shall  be  shown  by  such 
party  in  possession  within  not  less  than  fifteen  nor  more  than 
thirty  days  after  notice  in  writing  of  such  application  served 
upon  such  party  in  possession  in  person  ;  and  if  the  recovery 
be  of  the  possession  of  j)ersonal  chattels,  by  such  process  of 
execution  and  compulsion  as  in  the  chancery  practice  of  this 
State  is  usual  and  proper  for  the  enforcement  of  a  decree  for 
the  specific  delivery  of  personal  chattels. 

ARBITEATION  COMMITTEE  OF  THE  CORN  AND  FLOUR  EXCHANGE. 

226.  The  Board  of  Directors  of  the  Corn  and  Flour 
Exchange  shall  annually  elect  by  ballot  five  members  of  the 
association,  who  are  not  members  of  the  Board,  as  a  com- 
mittee, to  be  known  as  the  Arbitration  Committee  of  the  Bal- 
timore Corn  and  Flour  Exchange.  The  Board  of  Directors 
may,  at  any  time,  fill  any  vacancy  in  said  committee  for  the 
remainder  of  the  term  in  which  such  vacancy  may  happen. 
The  duty  of  the  Ai'bitration  Committee  shall  be  to  hear  and 
decide  any  controversies  which  may  arise  in  business  between 
the  members  of  said  organization  or  said  members  and  other 
persons  as  may  be  voluntarily  submitted  to  the  said  com- 
mittee for  arbitration ;  and  such  members  and  persons  may  by 
an  instrument  in  writing,  signed  by  them  and  attested  by  a 
subscribing  witness,  agree  to  submit  to  the  decision  of  said 
committee  any  such  controversy  so  arising  as  might  be  the 
subject  of  an  action  at  law  or  in  equity,  except  claims  of  title 
to  real  estate. 

227.  The  mode  of  proceeding  of  said  Arbitration  Com- 
mittee shall  be  regulated  by  the  by-laws  of  the  corporation, 
which  shall  be  substantially  complied  with  in  all  cases,  with- 
out prejudice,  however,  to  any  award  from  merely  formal 
irregularity.  The  said  committee  shall  have  power  to  apply 
to  any  Justice  of  the  Peace  for  the  City  of  Baltimore  to  issue 
subpoenas  and  other  compulsory  process  to  procure  the  attend- 
ance of  witnesses  before  it ;  and  all  justices  so  applied  to  in 


118 


writing,  signed  by  the  chairman  or  acting  chairman  of  said 
committee,  shall  issue  such  process  forthwith,  the  cost  of  the 
same,  and   of  the   attendance  of  the  witnesses  so  summoned, 
to  be  the  same  as  in  civil  suits  before  such  justices,  and  to  be 
collectible  from  the  parties  on  whose  behalf  the  said  witnesses 
shall  be  summoned  and  attend,  in  the   same  manner  and  by 
the  same  means  as  if  adjudged  to  be  paid  by  a  judgment  of 
the  justice  who  shall  act  in  the  premises  in  a  civil  suit  between 
the  same  parties  depending  before  him.     A  majority  of  said 
committee  may  act  in  all  cases,  and  a  majority  of  such  majority 
shall  have  power  to  render  an  award  in  the  name  of  and  as  an 
act  of  the  committee.     No  dissenting  award  or  opinions  shall 
be  rendered  or  placed  among  the   proceedings,  or  upon  the 
records  of  the  committee  or  the  corporation ;  the  award  of  the 
committee  rendered  in  conformity  herewith,  and  as  prescribed 
by  the  by-laws,  shall  be  conclusive  on  all  parties  to  the  sub- 
mission.    It  shall  in  all  cases  be  in  writing,  signed  by  the 
members  of   the    committee  who    agreed    upon    it,   and   filed 
among  the  proceedings  of  the  committee,  but   copies  shall  be 
given  by  the  secretary,  with  his  attestation  and  the  seal  of  the 
corporation  attached,  to  the  respective  parties,  as  soon  as  may 
be  after  said  award  shall  have  been  rendered. 

228.  If  the  parties  to  any  submission  shall  agree  to  do 
so  they  may  stipulate  as  part  of  said  submission,  in  writing, 
that  the  award  of  the  committee  rendered  in  conformity  here- 
with and  with  the  by-laws,  shall  stand  and  avail  as  against 
them  to  the  same  effect  as  a  judgment  or  decree  of  a  court  of 
competent  jurisdiction,  in  which  case  either  party  desiring  and 
entitled  to  the  enforcement  of  said  award  may  file  a  copy  of 
the  same  and  of  the  submission,  attested  under  seal  by  the 
secretary  of  the  corporation,  for  record  with  the  clerk  of  any 
court  of  this  State  havifig  jurisdiction  of  the  subject-matter, 
and  the  person  against  whom  said  enforcement  is  sought ;  and 
thereupon  it  shall  be  the  duty  of  said  court,  on  motion  or 
application,  ex  parte,  at  any  time  after  ten  days  from  the  filing 
of  the  award,  to  enter  judgment  or  decree  thereupon,  as  upon 
a  final  award  made  by  referees  under  rule  of  court ;  upon  which 
judgment  or  decree,  execution  shall  issue  without  stay.  No 
matter  affecting  the  title  of  real  estate,  however,  shall  be  sub- 
mitted to  or  arbitrated  by  the  said  committee  under  this  or 
the  preceding  section,  but  the  committee  maj'  direct  in  its 
award  the  payment  of  the  costs  and  expenses  of  the  arbitra- 


119 

tion,  and  the  amount  thereof  shall  be  embraced  as  a  principal 
sum  in  the  judgment  or  decree  to  be  rendered ;  if  awarded,  to 
be  paid  by  the  party  against  whom  such  judgment  or  decree  is 
sought.  No  judgment  or  decree  rendered  on  any  such  award 
shall  be  liable  to  be  stayed,  except  upon  allegation,  under  oath 
of  the  defendant,  of  manifest  fraud  in  the  procurement  or 
rendition  of  the  award,  or  of  a  material  and  substantial  failure 
of  the  committee  specifically  alleged  and  set  forth,  to  comply 
with  the  by-laws  or  sections  226  or  227,  in  the  hearing  and 
determination  of  the  matters  submitted ;  nor  shall  any  such 
judgment  or  decree  be  quashed,  modified  or  stricken  out,  except 
upon  satisfactory  proof  of  the  matters  so  required  to  be  so 
alleged ;  neither  shall  there  be  any  appeal  in  any  case  from 
the  original  judgment,  order  or  decree,  whereby,  after  a  hearing 
of  the  allegations  and  proofs  as  aforesaid,  the  said  original 
judgment  or  decree  shall  be  maintained. 

ASSAULT    AND    BATTERY. 

229.  Any  person  who  shall,  without  any  provocation, 
assault  and  beat  any  person  in  any  of  the  streets,  lanes,  alleys 
or  highways  of  the  City  of  Baltimore,  or  at  any  place  of 
public  resort  or  amusement,  between  the  hours  of  six  o'clock  in 
the  evening  and  six  o'clock  the  following  morning,  or  who  shall 
counsel,  aid  or  abet  in  such  assault  and  battery,  shall  be  fined 
in  a  sum  not  less  than  twenty-five  dollars  and  be  imprisoned 
not  less  than  one  month ;  or  the  Judge  of  the  Criminal  Court 
of  Baltimore  City,  or  the  judge  having  jurisdiction  of  the 
offense,  may,  in  his  discretion,  sentence  the  person  convicted 
of  such  offense  to  confinement  in  the  penitentiary  for  a  period 
not  less  than  six  months  nor  more  than  two  years. 

230.  It  shall  not  be  necessary  to  state  with  more  particu- 
larity than  is  now  necessary  in  proceedings  for  assaults  and 
batteries,  the  time  or  place  of  such  assault  and  battery  in  the 
recognizance  or  commitment  on  which  the  said  person  is  tried, 
but  the  said  person  may  be  tried  on  a  recognizance  or  commit- 
ment for  a  common  assault  and  battery,  and  shall  be  sentenced 
by  the  court  acccording  to  the  facts  proved  at  the  trial. 

231.  In  case  the  said  person  is  tried  upon  a  presentment 
or  indictment,  it  shall  only  be  necessary  to  allege  in  the 
presentment  or  indictment  that  the  offense  was  committed 
between  the  hours  aforesaid,  and  that  it  was  committed  on  a 


120 

highway  in  the  City  of  Baltimore,  or  at  a  place  of  public 
resort  or  amusement,  without  setting  forth  said  highway  or 
place'of  public  resort  or  amusement  by  name. 

AUCTIONS. 

232.  Repealed  by  Act  of  1900,  Chapter  208. 

233.  Repealed  by  Act  of  1900,  Chapter  208. 

234.  Repealed  by  Act  of  1900,  Chapter  208. 

235.  The  duties  shall  be  calculated  on  the  sums  for  which 
the  property  or  goods  so  exposed  to  sale  shall  be  respectively 
struck  off,  and  shall  in  all  cases  be  paid  by  the  person  making 
the  sale. 

236.  No  duties  shall  be  chargeable  upon  any  goods,  wares, 
merchandise  or  other  property  sold  by  any  auctioneer  at 
private  sale  on  the  days  of  his  public  auction,  or  unless  the 
same  be  part  of  what  was  offered  for  sale  at  said  public  auction 
or  was  advertised  to  be  sold  thereat. 

237.  The  duty  imposed  on  all  sales  of  lands,  tenements 
and  hereditaments,  or  of  any  interest  therein,  at  public  auction 
in  the  City  of  Baltimore,  shall  be  a  lien  on  the  said  property 
when  sold  as  aforesaid. 

238.  Every  purchaser  of  lands,  tenements  or  hereditaments, 
or  of  any  interest  therein,  purchased  at  public  auction  in  the 
City  of  Baltimore,  shall  be  bound  to  pay  the  auction  duty  on 
such  sale  and  be  entitled  to  claim  the  said  payment  as  a  credit 
on  his  purchase  as  aforesaid. 

239.  All  goods  and  property,  of  what  kind  soever,  shall  in 
all  cases  be  struck  off  to  the  highest  bidder ;  and  where  the 
auctioneer  or  owner,  or  any  person  employed  by  them  or 
either  of  them,  shall  be  such  bidder,  the  goods  or  property 
shall  be  subject  to  the  same  duties  as  if  struck  off  to  any 
other  person ;  but  this  section  shall  not  be  construed  to  render 
valid  any  sale  that  would  otherwise  be  deemed  fraudulent  and 
void. 


121 

240.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  as  many  auctioneers  in  the 
City  of  Baltimore  as  he  may  think  proper,  not  to  exceed  thirty. 

241.  Each  person  so  appointed,  the  amount  of  whose  sales 
of  goods,  wares,  merchandise  and  personal  property  of  every 
kind,  exclusive  of  his  real  estate  sales  and  sales  of  houses, 
shall  not  exceed  the  sum  of  one  hundred  and  fifty  thousand 
dollars,  shall,  before  entering  upon  the  duties  of  his  ofiice, 
enter  into  a  recognizance  to  the  State,  with  two  sufficient 
securities,  in  the  sum  of  five  thousand  dollars,  conditioned 
for  the  payment  of  the  duties  hereinbefore  mentioned  to  the 
Treasurer  of  Maryland,  and  that  he  shall  in  all  things  well, 
truly  and  faithfully  behave  and  conform  himself  according  to 
the  true  intent  and  meaning  of  this  law ;  and  shall  also  pay  to 
the  Treasurer  of  Maryland  the  sum  of  four  hundred  and  fifty 
dollars,  as  a  license. 

242.  Any  auctioneer  paying  the  license  fee,  and  executing 
the  bond  prescribed  in  the  preceding  section,  may  make  sales 
of  every  description  of  goods,  wares  and  merchandise  of  every 
kind,  and  real  estate,  and  may  exercise  all  the  rights  and  privi- 
leges of  a  general  auctioneer  to  the  extent  and  amount  of 
the  sum  prescribed  in  said  section;  and  he  shall  make,  under 
oath,  quarterly  returns  to  the  Comptroller  of  the  City  of  Balti- 
more, showing  the  full  amount  of  his  sales  of  every  kind,  dis- 
tinguishing his  sales  of  goods,  wares  and  merchandise,  and 
personal  effects  of  every  kind,  from  his  sales  of  real  estate  and 
houses ;  but  any  auctioneer  taking  out  a  special  license,  as 
provided  in  section  233,  in  regard  to  auctions  in  Baltimore 
City,  to  sell  at  public  auction,  stocks  of  any  banks  or  other 
incorporated  institutions,  or  State  or  City  loans,  shall  not  be 
required  to  make  any  returns  of  sales  of  such  securities ;  and 
if  any  auctioneer  under  said  license  shall  sell  any  amount 
exceeding  the  sum  named  in  the  last  preceding  section,  he 
shall  be  subject  to  all  the  penalties  hereinafter  imposed  upon 
auctioneers  who  shall  sell  without  license. 

243.  Each  auctioneer  so  appointed  whose  sales  of  goods, 
wares  and  merchandise,  and  personal  effects  of  every  kind, 
exclusive  of  his  real  estate  sales  and  sales  of  houses,  shall 
exceed  the  sum  of  one  hundred  and  fifty  thousand  dollars, 
shall,  before  he  enters  upon  the  duties  of  his  office,  enter  into 


122 


a  recognizance  to  the  State,  with  two  sufficient  securities  in 
the  sum  of  ten  thousand  dollars,  conditioned  as  hereinbefore 
prescribed,  and  shall  pay  to  the  State  Treasurer  the  sum  of 
seven  hundred  and  fifty  dollars  as  a  license  fee. 

244.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  selling  books, 
maps  or  prints,  by  day  or  by  night,  he  shall  be  entitled  to  do 
so  by  first  entering  into  a  recognizance  to  the  State,  with  two 
sufficient  securities  in  the  penalty  of  five  thousand  dollars, 
conditioned  as  hereinbefore  prescribed,  and  by  paying  to  the 
State  Treasurer  the  sum  of  one  hundred  and  fifty  dollars. 

245.  If  any  person  so  appointed  shall  desire  to  pursue  the 
business  of  an  auctioneer  for  the  sole  purpose  of  vending 
horses  and  carriages,  he  shall  be  entitled  to  do  so  by  first 
entering  into  a  recognizance  to  the  State,  with  two  sufficient 
securities  in  the  sum  of  one  thousand  dollars,  and  paying  to 
the  State  Treasurer  the  sum  of  fifty  dollars  as  a  license  fee. 

246.  A  license  may,  on  the  request  and  with  the  consent  of 
the  party,  be  issued  by  the  State  Treasurer,  nimc  pro  tunc,  so 
as  to  avail  him  for  a  year  from  the  day  on  which  his  license 
expired,  or  in  such  manner  as  to  avail  him  for  any  part  of  the 
interval  the  applicant  may  desire ;  but  no  license  issued  under 
this  section  shall  acquit  the  party  obtaining  it  of  any  penalty 
hereby  imposed  for  selling  without  license,  if  prosecution  there- 
for shall  have  been  commenced  before  such  license  was  ob- 
tained. 

247.  In  case  of  the  death  of  any  auctioneer  before  the  time 
limited  in  his  license  has  expired,  his  co-partner  or  co-partners, 
if  he  has  any,  or  his  personal  representative,  may  continue  to 
apt  under  the  license  for  the  unexpired  term. 

248.  All  recognizances  directed  to  be  taken  by  this  sub-di- 
vision of  this  Article  shall  be  taken  by  the  Clerk  of  the  Court 
of  Common  Pleas,  and  duplicates  shall  be  made  of  the  record 
of  every  such  recognizance  by  said  clerk,  one  whereof  shall  be 
delivered,  or  be  caused  to  be  delivered  by  such  auctioneer  to 
the  State  Treasurer,  within  ten  days  after  the  date  of  such 
record,  and  the  other  shall  be  retained  by  said  clerk,  who  shaU 
be  entitled  to  demand  for  the  same  from  the  auctioneer  the 
sum  of  one  doller. 


123 

249.  The  State  Treasurer,  on  his  being  satisfied  that  the 
recognizance  herein  recjuired  has  been  entered  into  by  anv  of 
the  persons  appointed  auctioneers  bj  the  Governor,  and  upon 
his  receiving  the  license  fee  required  from  such  person,  shall 
issue  a  general  or  special  license  to  such  person  as  the  person 
may  be  entitled  to,  for  the  term  of  one  year  from  the  date  of 
such  license. 

250.  If  any  person  not  appointed  and  authorized  in  the 
manner  herein  directed,  nor  by  nor  under  some  official  author- 
ity under  the  laws  of  the  United  States,  shall  sell  or  attempt  to 
sell  any  goods,  wares,  merchandise  or  effects  of  acy  kind,  real 
estate  or  vessels,  in  the  City  of  Baltimore,  by  public  auction, 
he  shall  be  considered  guilty  of  a  misdemeanor,  and  shall  be 
subject  to  presentment  and  indictment  in  the  Criminal  Court  of 
Baltimore,  and  shall,  on  conviction,  be  fined  in  a  sum  not 
exceeding  five  hundred  dollars  nor  less  than  one  hundred 
dollars,  or  be  imprisoned  for  a  term  not  exceeding  three  months, 
or  both,  at  the  discretion  of  the  court. 

251.  If  any  auctioneer  shall  sell  any  goods,  wares,  mer- 
chandise or  effects  or  vessels,  by  way  of  public  auction,  with- 
out having  entered  into  the  recognizance  and  paid  the  license 
fee  hereinbefore  required,  he  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall  be  subject  to  presentment  and  indictment 
in  the  Criminal  Court  of  Baltimore,  and  on  conviction  thereof 
shall  be  fined  in  a  sum  not  exceeding  one  hundred  dollars  nor 
less  than  fifty  dollars  for  each  and  every  article  so  exposed  for 
sale. 

252.  If  any  auctioneer  shall  sell  any  goods  or  property 
other  than  such  as  he  is  authorized  to  sell  by  the  terms  of  his 
license,  he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall 
be  subject  to  presentment  and  indictment  in  the  Criminal  Court 
of  Baltimore,  and  on  conviction  thereof  shall  be  fined  in  a 
sum  not  exceeding  one  hundred  dollars,  nor  less  than  fifty 
dollars  for  each  and  every  article  so  sold. 

253.  If  any  person  commissioned  as  auctioneer  shall  neg- 
lect to  take  out  a  license  within  twenty  days  after  his  commis- 
sion shall  have  been  forwarded  to  him  by  the  Governor,  such 
commission  shall  be  deemed  null  and  void,  and  the  Governor 
shall  appoint  some  other  person  to  supply  the  vacancy  in  the 
number  of  auctioneers  caused  by  such  neglect. 


124 


254.  The  recognizance  herein  required  shall  be  annually 
renewed. 

255.  If  any  surety  of  any  auctioneer  shall  remove  from  this 
State  or  become  insolvent  the  State  Treasurer  shall  demand 
other  surety  in  his  place ;  and  if  the  auctioneer  shall  neglect  or 
refuse  to  give  other  security  within  three  days  after  such 
demand  is  made  his  license  shall  thenceforth  be  null  and  void 
to  all  intents  and  purposes  as  if  the  same  had  never  been 
granted,  and  the  State  Treasurer  shall  immediately  give  public 
notice  thereof  in  two  or  more  public  newspapers  published  in 
said  City. 

256.  If  any  auctioneer  appointed  under  this  sub-division  of 
this  Article  shall  accept  at  any  time  during  the  continuance  of 
his  appointment  an  appointment  as  auctioneer  from  any  other 
State  he  shall  be  deemed  to  have  forfeited  his  appointment 
under  this  sub-division  of  this  Article. 

257.  Every  auctioneer  in  said  City  shall  designate  in  writing 
his  partner  or  partners,  if  any  are  engaged  with  him  in  his 
said  business,  and  the  houses  or  stores  occupied  by  him  for 
the  transaction  of  auction  business,  and  shall  deposit  such 
writing  with  the  State  Treasurer ;  and  if  any  auctioneer  in  said 
City  shall  enter  upon  the  duties  of  his  office  before  so  doing 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  conviction 
shall  be  fined  in  a  sum  not  exceeding  five  hundred  dollars ;  and 
it  shall  be  the  duty  of  the  court  before  whom  such  conviction 
is  had  to  transmit  forthwith  a  particular  report  thereof  to  the 
Governor,  who  may,  in  his  discretion,  inhibit,  during  his 
pleasure,  the  person  convicted  from  acting  as  auctioneer. 

258.  The  Mayor  of  the  City  may  designate  the  place  or 
places  for  the  sale  of  horses  and  carriages  and  make  such 
regulations  in  respect  to  the  time  and  manner  of  selling  horses 
and  carriages  at  auction,  and  the  riding  and  driving  of  such 
horses  and  carriages,  as  he  shall  deem  best  calculated  to  pro- 
mote public  convenience  and  protect  the  persons  of  individuals 
from  danger. 

259.  Every  auctioneer  appointed  and  licensed  for  the  sale 
of  horses  shall  keep  a  registry  of  all  horses  sold  by  him,  speci- 
fying a  description  of  the  horse  sold,  the  sum  for  which  he 


12o 


sold,  and  the  name  and  residence  of  the  seller  and  buyer,  and 
shall  deposit  such  registry,  with  an  oath  of  the  tnith  thereof, 
at  the  end  of  each  year  with  the  Clerk  of  the  Court  of  Common 
Pleas. 

260.  No  auctioneer  specially  licensed  for  selling  books, 
maps  or  prints  shall  be  entitled  to  demand  or  receive,  without 
a  previous  agreement  to  the  contrary,  from  any  person,  directly 
or  indirectly,  a  commission  exceeding  seven  dollars  and  fifty 
cents  for  every  hundred  dollars  of  the  purchase  money  arising 
from  such  sales,  exclusive  of  all  duties. 

261.  No  auctioneer  licensed  to  sell  to  the  amount  of  one 
hundred  and  fifty  thousand  dollars,  without  a  previous  agree- 
ment to  the  contrary,  shall  be  entitled  to  demand  or  receive 
for  his  services,  directly  or  indirectly,  a  commission  exceeding 
four  dollars  clear  of  all  duties,  for  every  hundred  dollars  of  the 
purchase  money  arising  from  such  sales. 

262.  No  auctioneer,  licensed  generally  for  the  sale  of  goods, 
wares  and  merchandise,  exceeding  one  hundred  and  fifty 
thousand  dollars,  without  a  previous  agreement  to  the  contrary, 
shall  be  entitled  to  demand  or  receive  for  his  services,  directly 
or  indirectly,  a  commission  exceeding  two  dollars,  clear  of  all 
duties,  for  every  hundred  dollars  of  the  purchase  money 
arising  from  such  sales,  except  upon  sales  of  furniture  and 
wearing  apparel,  upon  which  they  shall  be  entitled  to 
receive  four  dollars,  clear  of  duties,  for  every  hundred  dollars 
arising  from  such  sales ;  and  except  also  upon  sales  of  books, 
stationery,  maps  and  prints,  upon  which  they  shall  be  entitled 
to  receive  seven  dollars  and  fifty  cents,  clear  of  duties,  for 
every  hundred  dollars  arising  from  such  sales ;  and  upon  these 
articles  the  auctioneer  mentioned  in  the  preceding  section  may 
charge  a  similar  amount. 

263.  Any  auctioneer  who  shall  receive  or  accept  any  greater 
or  higher  reward  for  his  services  than  is  authorized  by  this 
sub-division  of  this  Article,  shall  forfeit  the  sum  of  five  hundred 
dollars  for  every  ofience,  to  be  recovered  in  the  name  of  the 
State  by  suit,  or  by  indictment  in  the  Criminal  Court,  one-half 
to  the  use  of  the  State  and  the  other  half  to  the  use  of  the 
party  prosecuting  for  the  same. 


126 


264.  No  auctioneer  shall  authorize  or  permit  any  person 
whatever  to  sell  anj  property  of  any  description  whatever, 
under  and  by  virtue  of  his  license,  unless  the  j^erson  so  author- 
ized or  permitted  is  actually  and  bona  fide  in  the  employment 
of  such  auctioneer,  and  is  actually  and  bona  fide  a  resident  of 
Baltimore  City  at  the  time  of  such  employment,  and  the  com- 
missions on  such  sales  are  actually  and  bona  fide  for  the  benefit 
of  such  auctioneer ;  and  no  license  shall  be  constrvied  to 
authorize  the  holder  to  sell  at  more  than  one  regular  establish- 
ment, but  an  auctioneer  may  sell  public  stocks,  houses,  lots 
and  furniture,  or  ships  or  vessels,  on  the  premises  where  the 
same  may  be,  or  at  the  exchange,  or  goods  in  the  original 
form  and  packages  as  imported,  and  bulky  articles,  such  as 
have  been  usually  sold  in  warehoases  or  in  the  public  streets  or 
on  the  wharves,  at  such  other  places  within  the  City  as  shall 
be  desired  by  the  owner  or  importer  of  such  bulky  articles 
or  imported  goods. 

265.  If  any  auctioneer  shall  violate  any  of  the  provisions 
of  the  last  preceding  section  he  shall  be  deemed  guilty  of  a 
misdemeanor  for  every  such  violation,  and  shall  be  subject  to 
presentment  and  indictment  in  the  Criminal  Court  of  Baltimore, 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceeding 
two  hundred  dollars,  nor  less  than  one  hundred  dollars. 

266.  Every  auctioneer,  within  thirty  days  after  the  first 
days  of  January,  April,  July  and  October  of  the  year  for  which 
h©  shall  have  been  appointed,  and  in  each  and  every  year  that 
he  shall  hold  and  continue  in  the  ofiice  and  duty  of  such 
auctioneer,  shall  render  to  the  Comptroller  of  the  City  of 
Baltimore  a  true  and  particular  account  in  writing  of  the 
money  or  sums  of  money  for  which  any  goods,  wares  or 
merchandise,  or  other  property  of  every  kind,  shall  have  been 
sold  at  every  sale  since  entering  on  the  duties  of  his  office,  or 
since  the  ^ast  account  was  rendered,  of  the  amount  of  each  day's 
sales  and  the  days  when  sold,  distinguishing  the  sales  made  by 
him  personally  or  in  his  presence,  and  those  made  by  his  part- 
ner or  partners  or  clerk,  in  consequence  of  his  absence ;  setting 
forth,  also,  the  amount  of  all  goods,  wares,  merchandise  and 
other  property  sent  or  entrusted  to  him,  his  partner  or  part- 
ners for  sale,  and  by  him  or  them  sold  at  auction,  and  the 
days  on  which  the  same  were  sold,  and  particularizing  the 
amount  of  the  several  duties  chargeable  on  said  sales,  dupli- 
cate   copies  of    which   said    accounts,  properly   sworn    to   as 


127 

required  Id  section  267,  shall  be  transmitted  to  the  Comp- 
troller of  the  State,  by  every  such  auctioneer,  within  the  said 
thirty  days  after  the  said  first  days  of  January,  April,  July 
and  October  of  the  year  or  years  as  aforesaid ;  and  every 
auctioneer  shall,  within  thirty  days  after  rendering  such 
account,  pay  over  to  the  said  Comptroller  of  Baltimore  City, 
for  the  use  of  the  State,  subject  to  provisions  hereinafter  con- 
tained, all  such  sum  or  sums  of  money  as  appear  to  be  due 
from  him  to  the  State  for  duties,  according  to  law. 

267.   The  auctioneer  making  such  returns,  at  the  time  of 
making  the  same  shall  take  before  some  Justice  of  the  Peace, 

or  Judge  of  a  court  of  record,  the  following  oath :  "I, , 

do  solemnly  and  sincerely  swear  that  the  account  now  exhibited 
by  me,  and  to  which  I  have  subscribed  my  name,  contains  a 
just  and  true  account  of  all  the  goods,  wares  and  merchandise, 
and  property  of  every  kind,  sold  or  struck  off  by  me  at  public 
sale,  or  sold  at  private  sale,  on  the  days  of  my  public  auctions, 
or  sold  or  struck  off  as  aforesaid  by  my  co-partner  or  co-part- 
ners (if  any  there  be),  or  by  others  in  my  name,  or  under  my 
direction,  and  in  my  actual  and  bona  fide  employment  (as  the 
case  may  be),  and  the  days  upon  which  the  same  were  respec- 
tively sold ;  that  I  have  examined  the  entries  of  all  sales  men- 
tioned in  said  account  in  the  books  kept  by  me  for  that  pur- 
pose, and  I  fully  believe  this  account  to  be  correct ;  and, 
further,  that  I  have,  during  the  time  mentioned,  conformed  in 
all  things  to  the  provisions  of  the  law  relating  to  auctions  in 
Baltimore  City,  according  to  the  best  of  my  knowledge  and 
belief,  so  help  me  God."  And  he  shall  cause  a  certificate  of 
the  fact  that  he  has  taken  such  oath,  duly  signed  by  said 
Justice  or  said  Judge,  and  a  certificate  of  the  Clerk  of  the 
Superior  Court  of  Baltimore  City,  of  the  official  character  of 
said  Justice  when  signed  by  him,  to  be  annexed  to  said 
return  ;  and  no  account  or  return  of  sales,  as  provided  to  be 
made  and  rendered  in  the  preceding  section  shall  be  deemed 
or  held  to  be  "a  true  and  particular  account,"  within  the 
meaning  of  said  preceding  section,  unless  the  oath  herein  pro- 
vided is  made  and  annexed  to  such  account  or  return  of  sales ; 
and  the  auctioneer  refusing  or  neglecting  to  make  and  to 
annex  such  oath  shall  be  liable  to  be  proceeded  against  as  if 
he  had  not  made  and  rendered  any  account  or  return  of  sales 
as  required  by  law. 


128 


268.   If  any  auctioneer  shall  refuse  or  neglect  to  transmit 
to  the  State  Treasurer  a  duplicate  of  the  record  of  his  recog- 
nizance as  before  required,  or  shall  neglect  or  refuse  to  render 
an  account  of  sales  to  the  Comptroller  of  the  City  of  Baltimore 
quarter-yearly,  or  shall  refuse  or  neglect   to  transmit  a  dupli- 
cate  copy  of    such   account  to   the   Comptroller   of    the    State 
within  the  time  or  times  limited  for  rendering  such  account 
or  transmitting  such  duplicates  as  provided   in   section   266, 
or  shall  refuse  or  neglect  to   pay  over  to   the    Comptroller    of 
the  City  the  money  or  moneys  due  from  him  to  the  State  for 
duties,    according   to    law,    within    thirty    day    after  render- 
ing such  account,  he  shall,  in  and  for  each   and   every  such 
case  of  refusal  or  neglect,  be  deemed  guilty  of  a  misdemeanor, 
and   shall   be   subject   to   presentment  and   indictment   in  the 
Criminal  Court  of  Baltimore,  and  on  conviction  thereof  shall 
be  fined  in  a  sum  not  exceeding  seven  hundred  dollars  nor  less 
than  one  hundred  dollars,  and  on  conviction  shall  further  be 
deemed  to  have  forfeited  his  appointment  as  auctioneer,  and 
shall  be  disqualified  from  acting  as  auctioneer  under  the  same  ; 
provided,  it  shall  be  competent  for  such  auctioneer  at  the  trial 
of  such  suit  to  give  in  evidence  every  matter  or  thing  going 
to  show  a  satisfactory  excuse  on  his  part  for  such  neglect  or 
refusal ;  and  if  the  jury  before  which  such  suit  shall  be  tried 
shall  think  such  excuse  satisfactory,  they  shall  return  a  verdict 
for  the  defendant ;  the  defendant,  however,  in  such  case  to  pay 
the  costs  of  the  prosecution  ;  and  provided  further,  that  no  suit 
or  indictment,  or  conviction,  under  this  section,  for  the  penal- 
ties herein  contained,  shall  be  held  to  bar  or  prevent  the  State 
from  bringing  such  civil  action  or  actions  in  any  of  the  courts 
of  this  State  against  any  auctioneer,  or  on  his  bond,  for  the 
recovery  of  money  that  may  be  due  the  State,  or  for  the  non- 
performance or  misperformance  of  any  duty  imposed  upon  him 
by  this  sub-division  of  this. Article,  and  for  which  a  civil  action 
would  lie  against  him  or  on  his  bond. 

269.  Every  auctioneer  who,  within  the  period  limited  for 
his  accounting  shall  have  made  no  sales  of  goods  or  property 
of  any  kind  liable  to  auction  duties,  shall  make  and  subscribe 
an  affidavit  of  those  facts  before  the  Judge  of  the  Court  of 
Common  Pleas,  and  shall  transmit  a  copy  of  the  said  affidavit, 
certified  by  said  Judge,  to  the  State  Treasurer,  within  the  same 
time  that  an  account  is  required  to  be  rendered,  under  the  pen- 
alty prescribed  in  the  last  preceding  section. 


1-29 


270.  It  shall  not  be  lawful  for  the  Governor  to  nominate  to 
the  Senate  as  auctioneer  any  person  who  shall  not  have  settled 
in  full  at  the  Treasury  office  for  all  amounts  due  from  him  on 
account  of  auction  duties. 

271.  If  any  auctioneer  shall  be  guilty  of  any  fraud  or 
deceit  in  the  discharge  of  the  duties  of  his  office,  or  shall  elude 
or  defeat  any  provisions  of  this  sub-division  of  this  Article,  for 
a  violation  of  which  no  penalties  are  therein  specially  pre- 
scribed, he  shall  be  guilty  of  a  misdemeanor  and  subject  to 
presentment  and  indictment  in  the  Criminal  Court  of  Baltimore, 
and  on  conviction  thereof  shall  be  fined  in  a  sum  not  exceding 
one  thousand  dollars,  nor  less  than  one  hundred  dollars  for  any 
such  offence ;  and  if  any  auctioneer  shall  pay  or  cause  to  be  paid 
directly  or  indirectly,  to  any  trustee,  attorney,  executor  or 
administrator,  selling  real  estate  or  property  of  any  kind  under 
any  order  of  any  court,  or  under  any  power  of  attorney,  any 
portion  of  the  fee  or  commission  received  or  receivable  by  him, 
and  charged  by  him  in  his  account  for  making  any  sale  of  such 
real  estate  or  property  for  such  trustee,  attorney,  executor  or 
administrator,  he  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  thereof  in  the  Criminal  Court  of  Baltimore 
shall  be  fined  in  a  sum  not  exceeding  two  hundred  dollars,  nor 
less  than  fifty  dollars,  for  every  such  offence  ;  and  such  trustee, 
attorney,  executor  or  administrator  receiving  or  retaining  such 
portion  of  such  fee  or  commissions,  and  not  accounting  for  it 
to  the  proper  parties,  shall  be  liable  in  a  suit  on  his  bond  for 
double  the  amount  so  received  or  retained  by  him,  to  the  cestui 
que  trust,  the  principal,  or  to  any  person  interested  in  the  estate 
which  he  represents. 

272.  If  no  person  shall,  wdthin  seven  days  after  any  such 
offense  shall  be  committed,  prosecute  for  the  penalties  imposed 
by  this  sub-division  of  this  Ai'ticle,  the  State  Treasurer,  upon 
information  thereof  having  come  to  his  knowledge,  shall  dii-ect 
the  State's  Attorney  for  the  City  of  Baltimore  to  prosecute  the 
same  ;  and  the  penalties  when  recovered  shall  be  paid  into  the 
treasury  for  the  use  of  the  State. 

273.  If  any  person  shall  wilfully  swear  falsely  touching 
any  matter  hereinbefore  required  in  this  sub-division  of  this 
Article  to  be  verified  by  oath,  he   shall  suffer  the  pains  and 

9 


130 


penalties  which  by  law  are  prescribed  for  wilful   and   corrupt 
perjury  ;  and  if  an  auctioneer,  shall  also  forfeit  his  office. 

274.  The  proceeds  of  such  auction  duties  to  the  amount  of 
twenty  thousand  dollars  shall  be  paid  over  by  the  Comp- 
troller of  the  City,  as  the  same  shall  be  received  by  him,  to 
the  Mayor  and  City  Council  of  Baltimore,  to  be  by  said 
Mayor  and  City  Council  of  Baltimore  annually  appropriated 
to  the  purpose  of  deepening  and  improving  a  channel  in  the 
Chesapeake  bay  and  Patapsco  river  and  the  harbor  of  the 
City  of  Baltimore. 

275.  It  shall  be  the  duty  of  the  Mayor  and  City  Council 
of  Baltimore,  on  or  before  the  fifteenth  day  of  September  in 
each  year,  to  report  to  the  Comptroller  of  the  State  a  fair  and 
strict  account  of  theu'  disbursement  of  the  fund  arising  from 
said  auction  duties,  as  to  the  amount  the  same  are  appro- 
priated in  the  preceding  section,  in  relation  to  the  deepening 
and  improving  said  channel,  Patapsco  river  and  Baltimore 
City  harbor ;  and  the  said  Comptroller  shall  report  the  same 
to  the  General  Assembly. 

276.  If  the  net  proceeds  of  said  auction  duties  shall  exceed 
the  sum  of  twenty  thousand  dollars,  the  excess  of  said  duties 
above  that  sum  shall,  for  each  and  every  year  that  they  shall 
exceed  that  sum,  be  paid  over  by  the  Comptroller  of  the  City 
of  Baltimore  to  the  Treasurer  of  the  State ;  and  in  case  of 
such  excess  as  aforesaid,  the  Comptroller  of  the  City  shall 
also  render  to  the  Comptroller  of  the  State  a  brief  statement 
or  account,  showing  the  amounts  received  by  him  on  account 
of  auction  duties,  the  amount  paid  the  Ma^'or  and  City 
Council  of  Baltimore,  under  section  274,  and  the  balance  due 
the  State  and  payable  to  the  State  Treasurer — which  said 
balance,  if  any,  and  whenever  the  same  shall  arise  from  said 
auction  duties,  shall  be  paid  to  said  Treasurer  on  or  before 
the  twenty -fifth  day  of  September  in  each  and  every  year. 

277.  The  provisions  of  the  three  preceding  sections  shall 
not  have  any  effect  if  the  City  of  Baltimore,  by  ordinance  or 
otherwise,  shall  make  any  charge  on  articles  passing  over  or 
deposited  on  the  wharves  of  said  City  for  a  less  time  than 
one  day,  for  the  purpose  of  delivery  only,  from  or  on  board 
of  any  vessel  trading  within  the  limits  of  this  State,  other 
than  the  regular  wharfage  chargeable  on  such  vessel. 


131 

278.  Nothing  contained  in  this  sub-division  of  this  Article 
«hall  prohibit  the  sale  of  leather,  iron  or  tobacco,  bj  the 
person  who  manufactured  the  same,  without  the  license  herein 
required. 

BELLS   OF   EXCHANGE   AKD     PBOMISSOEY   NOTES. 

279.  It  shall  be  lawful  for  banks  and  bankers  in  the  City  of 
Baltimore,  to  close  their  doors  for  business  at  twelve  o'clock 
noon,  on  each  and  every  Saturday  in  the  year ;  and  every  Sat- 
urday in  the  year  after  twelve  o'clock  noon  shall  be  a  legal 
half-holiday,  so  far  as  regards  the  presenting  for  payment  or 
acceptance,  and  the  protesting  and  giving  notice  of  the  dishonor 
of  bills  of  exchange,  bank  checks,  drafts,  promissory  notes  and 
other  negotiable  paper  ;  and  for  these  purposes  shall  be  treated 
and  considered  as  the  first  day  of  the  week,  commonly  called 
Sunday ;  and  all  such  bills,  checks,  drafts  and  notes  presenta- 
ble for  acceptance  or  payment  on  Saturdays,  shall  be  deemed 
to  be  presentable  for  acceptance  or  payment  on  the  secular 
or  business  day  next  succeeding ;  provided,  however,  that  all 
bills  of  exchange,  drafts  and  promissory  notes  made  after  the 
passage  of  this  Article,  except  those  payable  at  sight  or  on 
demand,  which  shall  be  otherwise  payable  on  any  half -holiday 
Saturday,  shall  be  deemed  to  be  and  shall  be  payable  on 
the  next  succeeding  secular  or  business  day ;  and  ])rovided 
further,  that  for  the  purpose  of  protesting  or  otherwise  hold- 
ing liable  any  party  to  any  bill  of  exchange,  bank  check, 
draft  or  promissory  note,  and  which  shall  not  have  been 
paid  before  twelve  o'clock  at  noon  on  any  half-holiday 
Saturday,  a  demand  of  acceptance  or  payment  thereof  may 
be  made,  and  notice  of  protest  or  dishonor  thereof  may  be 
given  on  the  next  succeeding  secular  or  business  day ;  and 
provided  further,  that  when  any  person  shall  receive  for 
collection  in  said  City  of  Baltimore,  any  bill  of  exchange,  bank 
check  or  promissory  note  due,  and  presentable  for  acceptance 
or  payment  on  any  half-holiday  Saturday,  such  person  shall  not 
be  deemed  guilty  of  any  neglect  or  omission  of  duty,  nor  incur 
any  liability  in  not  presenting  for  payment  or  acceptance,  or 
collecting  such  bill  of  exchange,  bank  check,  draft  or  promis- 
sory note  on  that  day ;  and  provided  further,  that  in  construing 
this  section  every  half-holiday  Saturday  shall,  until  twelve 
o'clock  noon,  be  deemed  a  secular  business  day.  Nothing  in 
this  section  shall  afifect  the  provisions  of  sections  9  and  10  of 
Article  13  of  the  Code  of  Public  General  Laws  applicable  to 
any  Saturday,  whenever  the  same,  under  the  provisions  of  said 
sections,  shall  be  a  legal  holiday. 


'U2 


chU- ■'  BUILDINGS. 


','280.  It  shall  not  be  lawful  for  the  owners  or  lessees  of  any 
public  hall,  church,  school  or  place  of  amusement,  in  the  Cities 
of  Baltimore,  Annapolis,  Cumberland,  Frederick,  Hagerstown 
or  Frostburg,  to  obstruct,  or  allow  to  be  obstructed  by  others, 
any  of  the  aisles  or  passage-ways  in  the  auditorium  of  said 
halls,  churches,  schools,  or  places  of  amusement,  by  placing 
.  therein  any  benches,  chairs  or  stools,  or  other  articles  that  may 
prevent  free  ingress  or  egress  during  the  hours  that  said  places 
may  be  open  to  the  public.     Said  owners  or  lessees,  or  their 
agents,  are  required  to  keep  open  at  all  hours  during  the  time 
said  halls,  churches,  schools  or  places  of  amusement  are  open 
to  the  public,  all  doors  giving  ingress  or  egress,  unless  said 
,  doors  open  outward  from  said  places  ;  then  the  same  may  be 
closed,  but  no  hindrances,  such  as  locks  or  catches  of  any  kind, 
shall  be  allowed  to  obstruct  or  prevent  instant  and  easy  egress 
through  the  same ;  and  when  said  doors  open  inwards,  it  is 
required  of  said  owners,  lessees  or  their  agents,  that  said  doors 
shall  be  fastened  securely  and  firmly  open.     Owners  or  lessees, 
or  any  person  holding  under  them,  or  their  agents,  violating 
any  of  the  provisions  aforesaid,  shall,  on  conviction  thereof, 
be  fined  by  the  court  before  which  such  conviction  is  had  for 
any  violation,  a  sum  not  exceeding  five  hundred  dollars,  to  be 
recovered  as  other  fines  in  this  State,  one-half  of  which  shall 
go  to  the  State  and  the  other  half  to   the  Cities  where  such 
violations  occur  and  convictions  thereof  are  had.      It  is  made 
the  special  duty  of  the  Judge  or  Judges  of  the  courts  having 
criminal  jurisdiction    in  said  Cities  of  Baltimore,  Annapolis, 
Cumberland,   Frederick,   Hagerstown  and  Frostburg,   to  spe- 
cially charge  the  Grand  Juries  of  said  courts  upon  the  execu- 
tion of  the  foregoing  provisions ;  and  the  police  authorities  of 
said  Cities  are  specially  charged  with  the  execution  thereof, 
and  to  that  end  shall  direct  nightly  examinations  by  some  of 
their  officers,  of  all  such  places.     It  shall  not  be  lawful  for  any 
person,  agent,  owner  or  proprietor  of  any  sweat-shop  or  factory 
where  four  or  more  persons  are  employed,  to  use  any  coal  oil, 
gasoline,  or  any  other  explosive  or  infiammable  compound  for 
the  purpose  of  lighting  or  heating  in  any  form ;  and  any  per- 
son, agent,  owner  or  proprietor  violating  this  provision  shaU 
be  guilty  of  a  misdemeanor,  and  on  conviction  thereof,  be  fined 
by  the  court  before  which  such  conviction  is  had,  for  every 
violation,  the  sum  of  one  hundred  dollars  and  costs,  and  stand 
committed  until  such  fine  and  costs  be  paid.     The  owner  or 
owners  of  any  such  house  or  building  used  as  a  sweat-shop  or 


133 


factory  where  four  or  more  persons  are  employed  as  gannent, 
workers,  on  other  than  the  first  lioor  of  such  house  or  building, 
shall  provide  fire-escajjes  for  the  same  ;  and  if  any  owner  or, 
owners  of  any  house  or  building  so  used,  fail  to  make  or  pro- 
vide a  fire-escape,  such  owner  or  owners  shall  pay  a  tine  of  two 
hundred  dollars,  to  be  recovered  as  other  fines  in  this  State,  or 
imprisonment  in  the  City  Jail  for  sixty  days,  or  both  fine  and . 
imprisonment,  in  the  discretion  of  the  court. 

CARKIAGES   AND    HORSES. 

281.  The  Board  of  Police  Commissioners   of  the  City  of 
Baltimore  shall  determine  and  fix  the  rate  of  fare  to  be  charged 
by  the  owners  of  hackney  carriages  in  said  City ;  and  every 
owner  of  a  hackney  carriage  who  shall  have  obtained  a  license 
therefor,  as  required  by  the  ordinances  of  the  Mayor  and  City ' 
Council  of  Baltimore,  shall  be  authorized  and  entitled,  during 
the  time  in  such  license  specified,  to  ask,  charge  and  receive,  as 
a  compensation  from  every  person  using  the  same,  the  rates  of 
fare  and  compensation,  and  hire  prescribed  by  the  said  Board 
of   Police   Commissioners,    and    no   more ;  provided,   that  the  > 
provisions    of  this  section  shall    not  apply  to  the    owners    of 
hackney  carriages  who  conduct  their  business  exclusively  at ; 
their  respective  stables.  i 

282.  The  owner  of  every  licensed  hackney  carriage,  other 
than  those  excepted  in  the  preceding  section,  before  he  shall 
be  entitled  to  charge,  ask  or  receive  any  hire  or  compensation' 
for  the  use  thereof,  shall  cause  the  number  of  such  carriage, 
as  stated  in  his  license,  in  plain  and  easily  legible  figures,  at 
least  two  inches  in  length,  to  be  painted  or  otherwise  delineated ' 
in  conspicuous  places  on  each  side  of  such  carriage,  both  with-  ■ 
in  and  without,  and  shall  also  keep  in  at  least  two  conspicuous 
positions  in  the  interior  of  such  carriage  a  copy  of  the  rates  of 
fare  or  charges  prescribed  by  the  Board  of  Police  Commission- 
ers, as  aforesaid,  printed  on  white  paper  card,  with  black  ink, 
by  types  of  a  size  not  less  than  long  primer,  so  that  the  same 
may  be  conveniently  seen  and  read  in  the  daytime  by  any  person^ 
who  may  be  a  passenger  in  said  carriage.     Every  owner  of  a 
hackney  carriage  licensed  as  aforesaid,  for  the  use  of  which' 
any  higher  or  greater  rate  of  fare  shall  be  asked  and  received  ■ 
bj  any  driver  or  other  person  having  care  of  such  carriage, 
than  that  prescribed  by  this  sub-division  of  this  Article,  or 
who  shall  omit  or  neglect  to  comply  with  the  directions  herein: 


134 


contained,  shall  incur  a  penalty  of  ten  dollars ;  every  continu- 
ance of  an  omission  to  comply  with  the  provisions  herein 
contained  for  one  day  after  any  prosecution  therefor,  to  be 
taken  as  a  distinct  offence. 

283.  Every  driver  of  any  licensed  hackney  carriage  who 
shall  refuse  or  omit  when  required,  to  inform  any  person  using 
such  carriage  or  applying  for  the  use  of  it,  the  true  number 
thereof,  or  the  correct  amount  of  the  rates  of  fare  authorized 
to  be  charged  for  the  use  of  it,  or  who  shall  wilfully  mislead, 
or  misconvey,  or  insult,  by  abusive  or  indecent  and  opprobrious 
language,  any  passenger  whom  he  shall  have  in  his  care  for 
conveyance  in  the  carriage  of  which  he  is  driver,  shall  for  every 
such  offence  incur  such  penalty,  not  exceeding  twenty  dollars, 
as  shall  be  adjudged  by  the  Mayor  of  the  said  City  or  any 
Justice  of  the  Peace  therein,  before  whom  complaint  shall  be 
made  by  or  on  behalf  of  the  party  injured. 

284.  No  driver  or  person  in  charge  of  cabs  or  hackney 
carriages  shall  ask,  charge,  demand  or  receive  more  than  the 
rates  of  fare  as  established  by  the  Board  of  Police  Commis- 
sioners in  the  City  of  Baltimore  from  time  to  time,  from  any 
passenger  or  passengers ;  and  any  person  violating  the  provis- 
ions of  this  section  shall,  upon  conviction,  be  liable  to  a  fine 
not  exceeding  fifty  dollars,  or  imprisonment  in  jail  for  a  period 
not  exceeding  six  months  nor  less  than  thirty  days,  or  both,  in 
the  discretion  of  the  court. 

285.  The  proprietors  of  any  hackney  carriage  in  the  City 
of  Baltimore  who  do  not  intend  to  go  upon  or  use  the  public 
stands  in  said  City  with  such  hackney  carriages,  shall  at  the 
time  of  applying  for  a  license  for  the  same,  as  required  by  the 
present  or  any  future  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  signify  in  writing  such  intention,  and 
thereupon  a  special  license  may  and  shall  be  granted  to  such 
proprietors  by  the  Comptroller  or  other  proper  officer  of  said 
City;  and  for  every  special  license  thus  granted  there- shall  be 
paid  such  sum  as  is  now  or  shall  hereafter  become  payable  for 
other  hackney  carriages  by  the  present  or  future  ordinances  of 
said  City. 

286.  No  hackney  carriages  which  shall  be  thus  especially 
licensed  shall  make  use  of  or  go  upon  or  stand  or  wait  for 


135 


employment  at  any  of  the  public  stands  designated  by  or  under 
the  present  or  any  future  ordinances  of  the  Mayor  and  City 
Council  of  Baltimore,  or  at  any  place  in  said  City,  except  the 
premises  of  the  owner  thereof,  under  a  penalty  of  twenty 
dollars  for  every  such  offence ;  one-half  to  be  paid  to  the 
informer,  to  be  recovered  against  either  the  owner  or  driver 
thereof,  as  fines  of  a  like  amount  are  now  recovered. 

287.  Each  and  every  proprietor  of  hackney  carriages  shall, 
at  the  time  when  he  applies  for  a  special  license,  or  any  renewal 
thereof,  furnish  the  Comptroller  or  other  proper  officer  of  the 
City  of  Baltimore  with  a  correct  statement  of  the  number  of 
hackney  carriages  used  by  him  ;  and  such  owner,  whenever  he 
shall  increase  the  number  of  such  hackney  carriages,  shall 
report  such  increase  to  the  Comptroller  or  other  proper  officer 
of  said  City  ;  and  every  person  violating  any  of  the  provisions 
of  this  section  shall  forfeit  his  license,  and  be  liable  to  a  penalty 
of  ten  dollars. 

288.  All  penalties  which  shall  be  incurred  under  section 
283  of  this  sub-division  of  this  Article,  or  for  the  breach  of 
any  of  its  provisions,  may  be  recovered  by  warrant  issued  in 
the  name  of  the  State,  in  the  same  manner  as  debts  within 
said  City  are  recoverable,  with  the  right  of  appeal  to  the 
Baltimore  City  Court. 

289.  On  the  trial  of  such  appeal,  the  party  of  whom  the 
penalty  is  claimed  shall  be  entitled  to  a  jury  trial ;  but  there 
shall  be  no  stay  of  execution  of  any  judgment  appealed  from, 
unless  the  party  appealing  shall  give  bond,  with  security 
approved  by  the  officer  rendering  such  judgment,  and  con- 
ditioned that  the  party  appealing  shall  prosecute  the  appeal 
with  effect,  and  obey,  perform  and  pay  such  judgment  as 
shall  be  rendered  by  the  Baltimore  City  Court  on  the  trial 
of  said  appeal. 

290.  All  penalties  which  shall  be  recovered  for  the  breach 
of  any  of  the  provisions  of  this  sub-division  of  this  Article, 
shall  be  appropriated  one-half  to  the  use  of  the  dispensaries 
in  the  City  of  Baltimore,  to  be  equally  divided  between  them, 
and  the  other  half  to  the  use  of  the  informer,  whose  name 
shall  be  endorsed  on  the  warrant  issued  for  the  recovery  of 
each  respective  penalty. 


136 


291.  It  shall  be  lawful  for  any  livery  stable  keeper  to 
retain  in  his  custod^'  any  horse,  mare  or  gelding  placed  under 
his  care  for  livery,  and  also  any  vehicle,  until  all  charges  for 
so  keeping  shall  be  paid  by  the  owner  thereof. 

292.  It  shall  and  may  be  lawful  for  such  livery  stable 
keeper  to  sell  any  such  horse,  mare  or  gelding,  or  vehicle,  at 
public  auction  in  the  City  of  Baltimore,  after  giving  at  least 
twenty  days'  notice  in  two  of  the  daily  newspapers  published 
in  the  City  of  Baltimore,  of  the  time,  place  and  manner  of 
sale  ;  and  after  deducting  the  amount  due  for  keeping,  together 
with  all  expenses  of  said  sale,  to  return  the  surplus,  if  any,  to 
the  owner  of  such  horse,  mare  or  gelding,  or  vehicle. 

293.  Before  proceeding  as  above,  it  shall  be  necessary  for 
such  livery  stable  keeper  to  state  an  account  for  keeping  of 
such  horse,  mare  or  gelding,  or  vehicle,  and  prove  the  same 
before  a  Justice  of  the  Peace  for  the  City  of  Baltimore,  who, 
upon  being  satisfied  by  proof  of  demand  and  refusal  or 
neglect  to  pay  on  the  part  of  the  owner,  shall  thereupon  issue 
his  warrant  authorizing  such  sale  as  aforesaid ;  provided,  that 
the  proprietors  of  such  livery  stables  shall  set  up  on  their 
premises,  in  some  conspicuous  place,  a  copy  of  the  aforegoing 
two  sections,  printed  in  large  type,  and  their  rates  of  livery. 

CORONERS,    INQUESTS    AND    DEAD    BODIES. 

294.  The  Governor,  by  and  wdth  the  advice  and  consent  of 
the  Senate,  shall  appoint  and  commission  seven  competent 
physicians  to  act  as  coroners  for  the  City  of  Baltimore,  to  hold 
office  during  the  period  of  two  years,  at  an  annual  salary 
of  one  thousand  dollars  each,  payable  quarterly  by  the  City 
Register ;  and  the  said  coroners  shall  be  assigned  to  duty  by 
the  Governor,  and  to  each  of  the  police  districts  of  the  City 
of  Baltimore ;  and  it  is  further  provided,  that  whenever  the 
police  districts  of  the  City  of  Baltimore  shall  be  increased  in 
number  by  the  order  of  the  Board  of  Police  Commissioners 
of  Baltimore  City,  the  Governor  shall  appoint  an  additional 
coroner  for  each  of  the  police  districts  so  created ;  provided, 
that  before  entering  upon  the  duties  of  their  office,  the  per- 
sons appointed  shall  take  the  oath  of  office  prescribed  by  the 
Constitution  of  the  State  of  Maryland,  for  office-holders  ;  and 
further,  they  shall  give  bond  to  the  said  State  of  Maryland, 
with   security  to  be  approved  by  the  judge  of  the   Superior 


137 

Court  of  Baltimore  City,  iu  the  penalty  of  two  thousand' 
dollars  each,  conditioned  for  the  faithful  performance  of  their  ■ 
duties,  as  now  prescribed  by  law,  or  which  shall  hereafter  be 
prescribe^. 

295.  Each  of  the  seven  Coroners  shall  be  assigned  to  such 
sub-division  or  district  of  the  City  of  Baltimore  as  the  Gov- 
ernor may  direct ;  and  in  case  of  absence  or  illness  of  any 
Coroner,  he  shall  deputize  some  competent  person  to  attend 
to  the  duties  of  his  othce  during  his  absence  or  illness. 

296.  The  Coroner  shall  hold  an  inquest  over  every  person 
found  dead  in  his  district  in  said   City  when  the  manner  and 
cause  of  death  shall  not  be  already  known  as  accidental,  or  in 
the   course  of  nature.     No  Coroner's  jury  in  said  City  shall 
receive  any  fee  or  compensation  for  services  as  such  ;  and  said . 
Coroners  are  authorized  and  empowered  to  issue  their  certifi-^ 
Gates  •  to  the  City  Eegister  for  the  payment  of  such  expenses; 
as  may   be   necessary   for   the   interment  of  any  person  over, 
whom  they,  or  either  of  them,  has  held  an  inquest,  and  whose 
body   is   not   claimed    by   friends   or   relatives ;   jyrovided,  the 
amount  of  such  expenses  shall  not  in  any  case  exceed  the  sum. 
of  seven  dollars.  , 

297.  Each  of  said  Coroners  shall   make   a   monthly  report 
to  the  Police  Commissioners  of  Baltimore  City,  of  the  number 
of  inquests  held  by  him  during  the   month  last  past  before . 
said  report,  with  a  full   description,  as   far  as  may  be,  of  the^ 
persons  who  were  the  subjects  of  such  inquests,  their  sex,  age, , 
color  and  nationality,  the  cause  and  mode  of  their  death,  and; 
such  other  particulars  as  may  be  necessary  to  their  identifica-; 
tion,  in  case  of  strangers  and  unknown  persons  ;  and  each  of 
said  Coroners  shall  also,  immediately  after  holding  an  inquest, , 
deposit  in  some  bank  of  Baltimore  City,  subject  to  tlie  order  _ 
of  the  Judges  of  the   Orphans'   Court  of  said  City,  all  prop- 
erty, money  and  other  effects  found  upon  the  person  of  those 
over  whom  he  shall  hold  inquest,  as  hereinbefore  provided. 

298.  Any   public  officer  of   Baltimore    City  or  Baltimore 
County  having  charge  of  or  control  over  the  bodies  of  deceased  . 
persons  required  to  be  buried  at  the  public  expense  or  at  the, 
expense  of  any  institution  supported  by  said  City  or  County,  , 
shall  notify  the  chairman  of  the  Anatomy  Board,  said  board 


138 


being  composed  of  a  demonstrator  of  anatomy  from  each  medi- 
cal school  in  the  State,  of  the  existence  and  possession  of 
such  bodies,  and  shall  give  permission  to  said  Anatomy  Board, 
through  its  chairman,  or  to  any  physician  or  surgeon  of  the 
State  of  Maryland  upon  his  request  made  therefor,  to  take 
such  bodies  within  forty-eight  hours  after  death,  to  be  by  him 
used  within  the  State  for  the  advancement  of  medical  science, 
preference  being  given  to  medical  schools,  public  and  private  ; 
and  said  bodies  shall  be  distributed  to  and  among  the  same 
equitably,  the  number  assigned  to  each  being  proportioned  to 
that  of  its  students ;  provided,  however,  that  if  any  person 
claiming  to  be  and  satisfying  the  proper  authorities  that  he 
is,  of  kindred  to  the  deceased,  or  that  he  was  a  friend  to 
deceased  during  his  life,  shall  ask  to  have  the  body  for  burial, 
it  shall  be  surrendered  for  interment ;  or  if  such  deceased 
person  was  a  stranger  or  traveler  who  died  suddenly,  the  body 
shall  be  buried  and  not  handed  over  as  aforesaid.  Any  public 
officer  of  Baltimore  City  or  County  having  charge  of  or  con- 
trol over  the  bodies  of  the  deceased  persons  required  to  be 
buried  at  the  public  expense  or  at  the  expense  of  any  institu- 
tion supported  by  said  City  or  County,  who  shall  neglect  or 
refuse  to  comply  with  the  requirements  of  this  section,  shall 
be  guilty  of  a  misdemeanor,  and  shall  upon  conviction  be  fined 
not  less  than  fifty  nor  more  than  one  hundred  dollars  for  each 
and  every  ofifence. 

299.  Every  physician  or  surgeon,  before  receiving  any 
such  dead  body  shall  give  to  the  proper  authorities  a  sufiicient 
bond  that  such  body  shall  be  used  only  for  the  promotion  of 
medical  science  within  the  State  ;  and  whosoever  shall  use  such 
body  for  any  other  purpose,  or  shall  remove  the  same  beyond 
the  limits  of  this  State,  and  whosoever  shall  sell  or  buy  such 
body,  or  in  any  way  trafiic  in  the  same,  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall,  on  conviction,  be  imprisoned  for 
a  term  not  exceeding  five  years  at  hard  labor  in  the  City  Jail. 

COURTS. 

Superior  Court,  Court  of  Common  Pleas  and  Baltimore  City  Court. 

300.  The  judge  before  whom  any  case  may  be  tried  in 
either  the  Baltimore  City  Court,  the  Superior  Court  of  Balti- 
more City,  or  in  the  Court  of  Common  Pleas,  shall  have 
exclusive   jurisdiction    to    hear  and   determine,  and  the   said 


139 


judge  shall  hear  and  determine,  all  motions  for  a  new  trial 
where  such  motions  arise,  either  on  questions  of  fact  or  for 
misdirection  upon  any  matters  of  law,  and  all  motions  in 
arrest  of  judgment,  or  upon  any  matters  of  law,  determined  by 
the  said  judge;  and  all  such  motions  shall  be  heard  and 
determined  within  thirty  days  after  they  are  made. 

301.  In  no  case  shall  either  the  plaintiff  or  defendant  be 
required  to  file  a  "paper  book"  of  evidence  or  brief,  in  either 
of  the  courts  of  the  City  of  Baltimore. 

302.  The  stated  terms  of  the  Superior  Court  of  Baltimore 
City,  the  Court  of  Common  Pleas  and  the  Baltimore  City 
Court,  shall  commence  on  the  second  Monday  in  January,  the 
second  Monday  in  May,  and  the  second  Monday  in  September,. 
in  each  year. 

303.  In  addition  to  the  first  day  of  each  term  of  the  Superior 
Court  of  Baltimore  City,  the  Court  of  Common  Pleas  of  the 
City  of  Baltimore,  and  the  Baltimore  City  Court,  the  second 
Monday  in  February,  March,  April,  June,  July,  August,  Octo- 
ber, November  and  December,  in  each  year,  shall  be  return 
days,  and  the  words  "return  day,"  wherever  used  in  this  sub- 
division of  this  Article,  shall  apply  as  well  to  the  first  day  of 
each  term  as  to  the  other  return  days  herein  enumerated, 

304.  All  original  writs,  writs  of  execution,  attachment, 
replevin,  ejectment,  scire  facias  and  habere  facias,  as  well  as  all 
other  writs  and  process  issued  from  or  returnable  to  any  of 
said  courts,  which  under  the  practice  heretofore  existing  would 
have  been  returnable  to  the  first  day  of  the  term,  or  to  a  return 
day,  shall  hereafter  be  made  returnable  to  the  first  return  day 
after  the  issue  of  the  same,  or  may  be  made  returnable  to  the 
second  return  day  thereafter,  if  the  party  by  whose  direction 
the  same  was  issued,  or  his  attorney,  shall  so  request  in  writing. 

305.  On  the  return  of  an  original  writ,  not  executed  in 
either  of  said  courts,  the  same  may  be  renewed,  returnable  to 
the  next  return  day  thereafter,  and  after  two  returns  of  any 
original  writ  not  executed  at  the  two  succeeding  return  days 
after  the  writ  is  first  issued,  the  same  shall  be  permitted  to  lie 
dormant,  renewable  only  on  the  written  order  of  the  plaintiff" 
or  his  attorney  of  record  to  such  future  return  day  as  the  said 


140 


plaintiff  or  his  attorney  may  elect,  and  upon  a  further  return 
if  not  executed,  said  writ  shall  be  again  permitted  to  lie, 
renewable  only  as  aforesaid,  the  said  plaintiff  or  his  attorney 
having  the  right  to  renew  said  writ  to  as  many  subsequent 
return  days,  under  the  saiue  mode  of  procedure  as  may  be 
deemed  proper,  until  the  same  is  executed. 

306.  After  the  execution  of  any  writ  or  other  process  made 
returnable  to  a  return  day  in  either  of  said  courts,  the  same 
proceedings  may  be  had  thereupon  as  if  the  same  had  been 
made  returnable,  and  had  been  returned  to  a  term  of  said  court 
under  the  practice  heretofore  existing,  except  as  hereinafter 
otherwise  provided. 

307.  If  a  defendant  be  returned  "summoned,"  and  shall  fail 
to  appear,  the  clerk  of  the  court  on  the  day  following  the 
return  day  to  which  the  writ  or  process  served  on  him  is 
returnable,  shall  enter  the  appearance  of  any  defendant  so 
summoned  and  failing  to  appear,  and  the  action  shall  proceed 
in  the  same  manner  as  if  the  party  had  appeared  in  person. 

308.  When  a  declaration  in  any  action  shall  be  filed  in 
court,  and  a  copy  thereof  delivered  to  the  defendant  before  the 
day  of  the  return  of  the  writ,  and  the  defendant  shall  be  sum- 
moned before  the  said  day  of  the  return  of  the  writ,  he  shall 
plead  before  the  next  succeeding  return  day,  or  judgment  by 
default  for  want  of  a  plea  shall  be  entered  by  the  court  or  clerk 
thereof,  upon  motion  in  writing  made  by  the  plaintiff,  or  his 
attorney,  then,  or  at  any  time  thereafter,  before  the  filing  of  a 
plea  by  the  defendant,  unless  the  court  for  good  reason  shall 
have  granted  said  defendant  further  time  to  plead;  and  upon 
such  entry  of  judgment,  the  plaintiff  may  forthwith  sue  out  his 
writ  of  inquiry,  or  otherwise  enter  up  final  judgment  according 
to  the  course  of  the  court. 

309.  When  any  action  shall  be  brought  upon  a  titling  and 
the  defendant  shall  have  been  summoned,  the  plaintiff  shall  file 
his  declaration  within  fifteen  days  after  the  return  day  to  which 
said  defendant  had  been  summoned,  or  judgment  of  }ion  pros. 
may  be  entered  by  the  court  or  the  clerk  thereof  against  him 
for  want  of  a  declaration,  upon  motion  in  writing  made  by  the 
defendant  at  any  time  thereafter,  unless  the  court  for  good 
cause  shown  shall  grant  further  time  ;  but  if  the  plaintiff  shall 


141 


have  filed  his  declaration  in  any  such  action,  at  any  time  before 
the  entry  of  a  judgment  of  non  pros,  against  him,  the  defendant 
shall  be  required  to  plead  to  such  declaration  within  the  time 
and  upon  the  terms  prescribed  by  the  rules  of  the  court,  or 
judgment  by  default  may  be  entered  against  him  as  provided 
by  said  rules. 

310.  Every  suit  in  which  any  defendant  shall  be  returned 
summoned,  shall  stand  for  trial  or  judgment  (as  against  such 
defendant)  at  the  return  day  next  succeeding  the  day  to  which 
he  has  been  summoned ;  provided,  the  declaration  shall  have 
been  filed  in  court,  and  a  copy  thereof  shall  have  been  served 
on  the  defendant,  or  his  attorney,  at  least  fifteen  days  before 
said  return  day ;  and  all  such  suits  in  which  final  judgment  is 
not  entered  on  that  day,  shall  then  be  put  at  the  end  of  the 
trial  calendar  of  the  court  in  which  they  are  brought,  in  the 
order  in  which  they  were  instituted  in  said  court,  and  shall  be 
finally  disposed  of  as  far  as  possible  when  reached  in  their 
regular  course. 

311.  In  all  cases  in  which  a  party  by  law  would  be  entitled 
to  a  continuance,  the  court  may,  instead  of  continuing  the  cause 
to  the  next  term,  j^ostpone  the  same  for  thirty  days,  or  such 
other  period  as  will  best  subserve  the  interests  of  justice. 

312.  In  any  suit,  when  the  cause  of  action  is  a  contract, 
whether  in  writing  or  not,  or  whether  expressed  or  implied,  the 
plaintiff,  if  affidavit  or  affirmation  be  made,  as  hereinafter  stated, 
shall  be  entitled  to  judgment,  to  be  entered  by  the  court  or 
the  clerk  thereof,  on  motion,  in  writing,  at  any  time  after  fifteen 
days  from  the  return  day  to  which  the  defendant  shall  have 
been  summoned,  although  the  defendant  may  have  pleaded, 
unless  such  plea  contains  a  good  defence,  and  unless  the  defend- 
ant or  some  one  in  his  behalf  shall,  under  oath  or  affirmation, 
state  every  plea  so  pleaded  by  the  defendant  is  true ;  and  shall 
further  state  the  amount  of  plaintiff's  demand,  if  anything, 
admitted  to  be  due  or  owing,  and  the  amount  disputed,  and 
further,  that  the  affiant  verily  believes  the  defendant  will  be  able 
at  the  trial  of  the  cause  to  produce  sufficient  evidence  to  sup- 
port the  plea  as  to  the  portion  disputed,  and  that  he  is  advised 
by  counsel  to  file  the  said  plea ;  and  such  plea  shall  be  accom- 
panied by  a  certificate  of  counsel  that  he  so  advised  the  party 
making  such  oath  or  affirmation,  and  if  the  copartnership  or 


142 


incorporation  of  any  of  the  parties  to  the  suit  shall  be  alleged 
in  the  declaration  and  the  affidavit  to  be  filed  therewith,  as 
hereinafter  provided ;  or  if  there  shall  be  filed  with  the  declara- 
tion in  said  cause,  any  paper  purporting  to  be  signed  by  any 
defendant  therein,  the  fact  of  such  alleged  copartnership  or 
incorporation,  and  the  genuineness  of  such  signature  shall  be 
deemed  to  be  admitted  for  the  purposes  of  said  cause,  unless 
the  said  affidavit  shall  further  state  that  the  affiant  knows,  or 
has  good  reason  to  believe,  such  allegation  of  copartnership  or 
incorporation  to  be  untrue,  or  that  such  signature  was  not 
written  by  or  by  the  authority  of  the  person  whose  signature  it 
purports  to  be.  In  case  any  part  of  the  debt  or  damages 
claimed  be  admitted  to  be  due,  the  plaintiff  shall  be  entitled 
forthwith  to  an  entry  of  judgment  therefor,  with  costs  in  the 
discretion  of  the  court,  to  the  time  of  entry  of  such  judgment, 
and  if  the  amount  so  admitted  to  be  due  shall  not  be  below 
the  "jurisdiction  of  the  court,  the  plaintiff  may  at  once  have 
execution  therefor,  and  upon  such  entry  of  judgment  the  plain- 
tift'  may  join  issue  or  reply  to  the  pleas  as  to  the  disputed 
portion,  and  the  case  shall  be  proceeded  with  as  to  such  dis- 
puted portion  in  the  same  manner  as  if  the  suit  had  been 
originally  instituted  for  the  recovery  of  the  same;  and  the 
court  shall  have  jurisdiction  as  to  such  disputed  portion  in  all 
cases  where  the  amount  originally  claimed  shall  be  within  the 
jurisdiction  of  the  court,  but  if  either  judgment  in  the  case  be 
below  the  jurisdiction  of  the  court,  no  execution  shall  issue 
from  that  court  on  the  same,  and  the  provisions  of  section  17 
of  Article  26  of  the  Code  of  Public  General  Laws  shall  apply 
thereto ;  yet  if  the  sum  of  the  two  judgments  shall  equal  such 
jurisdiction  they  may  then  be  included  in  an  execution  issued 
from  that  court ;  provided,  that  the  court  for  good  cause  shown, 
may,  by  its  order  in  writing,  passed  at  any  time  before  judgment, 
extend  the  time  for  filing  such  pleas  and  affidavits,  which 
extension  shall  suspend,  until  the  expiration  thereof,  the  plain- 
tiff's right  to  enter  judgment  under  this  section. 

313.  The  plaintiff  shall  not  be  entitled  to  judgment  under 
the  preceding  section,  unless  at  the  time  of  bringing  his  action 
he  shall  file  with  his  declaration  an  affidavit  or  affirmation,  if 
the  affiant  is  conscientiously  scrupulous  as  to  taking  an  oath, 
stating  the  true  amount  the  defendant  is  indebted  to  him,  over 
and  above  all  discounts,  and  shall  also  file  the  bond,  bill  of 
exchange,  promissory  note  or  other  writing  or  account,  by 
which  the  defendant  is  so  indebted  ;  or  if  the  action  be  founded 


143 


upon  a  verbal  or  implied  contract,  shall  file  a  statement  of  the 
particulars  of  the  defendant's  indebtedness  thereunder.  If 
there  are  two  or  more  plaintiffs,  the  said  affidavit  or  affirmation 
maj  be  made  by  any  one  of  them,  or  if  all  the  plaintiffs  be 
absent  from  the  State  at  the  time  of  the  bringing  of  said  suit, 
or  if  the  plaintiff  be  a  corporation,  the  said  affidavit  or  affirma- 
tion may  be  made  by  any  agent  of  plaintiff  or  plaintiffs,  or  any 
of  them,  who  will  make  further  oath  or  affirmation  that  he  has 
personal  knowledge  of  the  matters  therein  stated ;  and  the 
said  affirmation  or  affidavit  may  be  made  before  any  of  the 
persons  who  may  take  an  affidavit  or  affirmation  to  authorize 
the  issuing  of  a  foreign  attachment,  and  may  be  certified  in 
the  same  manner, 

314.  When  any  judgment  by  default  shall  be  entered  under 
any  of  the  preceding  sections,  the  court  may  assess  the  damages 
on  proof  thereof  without  empanelling  a  jury  to  do  so,  unless 
the  defendant  shall  have  filed  a  motion  in  writing  before  the 
entry  of  such  default  for  a  jury  trial,  and  shall  have  stated  in 
«uch  motion  how  much  of  the  plaintiff's  demand  is  disputed, 
and  how  much  thereof,  if  any,  is  admitted  by  said  defendant 
to  be  due,  and  in  such  case  the  plaintiff  may  forthwith  have 
judgment  entered  up  for  the  amount  so  admitted,  as  provided 
in  the  preceding  section. 

315.  If  the  defendant  shall  dispute  the  whole  or  any  part 
of  the  plaintiff's  demand  in  any  action  brought  under  the 
provisions  of  the  three  foregoing  sections,  and  upon  trial  of 
the  case  the  plaintiff  shall  recover  a  judgment  for  any  portion 
of  his  demand  so  disputed,  then  the  plaintiff  shall  be  allowed 
in  addition  to  the  costs  of  the  suit,  reasonable  counsel  fees,  to 
be  fixed  by  the  court,  said  fees  not  to  be  less  than  twenty-five 
dollars  nor  more  than  one  hundred  dollars. 

316.  Bills  of  exception  may  be  signed  in  any  cause  pending 
in  any  of  said  courts  at  any  time  within  thirty  days  from  the 
rendition  of  the  verdict  of  the  jury  or  the  findings  of  the  court 
upon  the  issues  of  fact  in  said  cause,  but  not  thereafter,  unless 
the  time  for  signing  said  bill  of  exception  shall  have  been 
previously  extended  by  order  of  court  or  by  consent  of  parties  ; 
but  nothing  herein  shall  prevent  either  party  from  requiring 
the  bills  of  exception  to  be  signed  before  verdict. 


144 


r  317.  Any  action  taken  or  order  passed  by  any  of  said  courts 
in  relation  to  any  judgment  rendered  by  it,  if  taken  or  passed 
within  tbirt}'  days  after  the  entry  of  such  judgment,  or  upon  a 
motion  or  application  made  to  it  within  said  thirty  days,  shall 
have  the  same  eifect  and  force  as  it  would  have  had  under  the 
practice  heretofore  existing  in  said  court,  if  taken  or  passed 
during  the  term,  or  upon  a  motion  or  application  made  during 
the  term  at  which  said  judgment  was  entered,  and  no  more ; 
but  any  such  action  taken  or  order  passed  after  the  expiration 
of  thirty  days  from  the  entry  of  any  judgment,  (unless  upon  a 
motion  or  application  made  within  that  time),  shall  have  the 
same  effect  and  force  as  it  would  have  had  under  such  previous 
practice,  if  taken  or  passed  after  the  expiration  of  said  term, 
and  no  more  ;  and  the  said  courts  shall  respectively  have,  for  a 
period  of  thirty  days  after  the  doing  of  any  act  or  thing  in  any 
cause  before  them,  the  same  revisory  power  and  control  over 
such  act  or  thing  which,  under  the  practice  heretofore  existing, 
they  would  have  had  over  the  same  during  the  term  at  which 
it  was  done,  and  no  more  ;  and  after  thirty  days  from  the 
doing  of  any  such  act  or  thing,  the  said  courts  shall  have  the 
same  revisory  power  and  control  thereover,  which,  under  such 
previous  practice  they  would  have  had  after  the  expiration  of 
the  term  at  which  said  act  or  thing  was  done,  and  no  more. 

318.  In  all  cases  where  the  pre-existing  laws  direct  or 
require  that  any  act  or  thing  shall  be  done  in  or  by  any  of  said 
courts  during  the  same  term  at  which  some  other  act  or  thing 
may  be  done  or  happen,  such  first  mentioned  act  or  thing  shall 
hereafter  be  done  within  thirty  days  after  the  doing  or  happen- 

'ing  of  said  last  mentioned  act  or  thing. 

319.  All  appeals  from  Justices  of  the  Peace  to  the  Balti- 
more City  Court  shall  stand  for  trial  on  the  day  following  the 
return  day  to  which  the  appellee  shall  be  returned  summoned, 
or  the  second  return  day  to  which  the  summons  issued  for  the 

■appellee  shall  be  returned  iron  est.  But  before  the  Baltimore 
City  Court  shall  proceed  to  try  any  such  appeal,  the  court 
shall  first  be  satisfied  that  all  costs  incurred  on  the  judgment 
and  proceedings  before  the  justice  have  been  paid  by  the 
appellant. 

320.  In  all  cases  in  which  appeals  are  or  may  be  allowed 
to  the  Baltimore  City  Court  from  the  decisions  of  any  commis- 


145 


sioners,  or  other  jjersons  appointed  in  any  manner  to  determine 
any  benefits  or  damages  in  any  form  of  condemnation  proceed- 
ings, for  the  use  of  the  Mayor  and  City  Council  of  Baltimore, 
it  shall  be  lawful  for  the  City  to  enter  appeals  in  the  same 
manner  and  within  the  same  time  or  times  allowed  for  their 
entry  by  other  persons ;  and  all  such  appeals  by  whomsoever 
prayed  within  the  time  or  times  limited  therefor,  shall  be 
heard  and  determined  by  the  Baltimore  City  Court  as  speedily 
as  may  be,  each  person  interested  being  secured  in  his,  her  or 
its  rights  to  a  jury  trial ;  and  in  case  there  should  be  more 
than  one  appeal  in  reference  to  the  same  piece  of  property, 
they  may  all  be  heard  together,  in  the  discretion  of  the  Court, 
before  one  jury ;  provided,  a  sufficient  panel  of  jurors  be  fur- 
nished, so  that  the  City  and  the  owners  or  representatives  of 
each  separate  interest  or  estate  in  such  property  may  strike 
four  names  from  such  panel ;  the  practice,  including  the  right 
of  appeal  to  the  Court  of  Appeals  in  all  such  cases,  shall  con- 
form as  near  as  may  be  to  the  practice  now  prevailing  in  said 
court  in  the  trial  of  appeals  from  the  decisions  of  the  Commis- 
sioners for  Opening  Streets. 

321.  The  Supreme  Bench  of  Baltimore  City  shall  annually 
designate  two  members  of  the  said  bench  to  sit  in  their  respec- 
tive courts,  attended  by  their  clerks,  during  the  annual  sittings 
of  the  Registers  of  Voters,  and  also  on  the  four  Saturdays  im- 
mediately preceding  the  September  session  of  the  Registers  of 
Voters  of  the  City  of  Baltimore,  for  the  purpose  of  hearing  and 
determining  applications  for  naturalization,  and  such  applica- 
tions shall  have  precedence  over  all  other  business. 

321 '<^.  The  Supreme  Bench  is  authorized  to  adopt  rules  and 
regulations  governing  the  subject  of  naturalization  of  aliens  in 
the  Courts  of  Baltimore  City,  and  imposing  a  uniform  seal© 
of  charges  to  be  collected  from  the  persons  applying  for 
naturalization  to  defray  the  expenses  incident  to  the  operation 
of  said  rules  and  regulations. 

322.  Whenever  the  records  of  proceedings  in  any  suit, 
action  or  issue  pending  in  one  of  the  courts  of  common  law  in 
the  City  of  Baltimore  shall  be  directed  to  be  transmitted  for 
trial  to  some  other  such  court  of  the  said  City,  in  accordance 
with  Article  4,  section  8,  of  the  Constitution,  it  shall  be  the 

10 


146 


duty  of  the  clerk  of  the  court  from  which  the  said  record  of 
proceedings  is  so  directed  to  be  removed,  to  immediately 
deliver  to  the  clerk  of  the  court  to  which  the  same  is  so 
directed  to  be  removed,  all  the  original  papers  in  the  said 
cause,  together  with  a  certified  copy  of  all  docket  entries 
relating  to  the  same,  which  original  papers  and  copy  of  docket 
entries  shall  constitute  such  record  of  proceedings  for  the  pur- 
poses of  such  trial ;  and  it  shall  thereupon  become  the  duty  of 
the  judge  of  the  court  to  which  the  said  suit,  action  or  issue 
shall  be  removed  immediately  by  special  order  to  assign  the 
same  for  trial  to  such  day,  or  in  sequence  to  such  other  causes 
as  he  shall  consider  just  and  proper. 

Circuit  Court  of  Baltimore  City. 

323.  Whenever  in  any  case  instituted  in  the  Circuit  Court 
a  jury  is  asked  for  and  allowed,  or  is  desired  by  the  Judge 
thereof,  the  Judge  shall  issue  an  order  to  the  Sheriff  of  Balti- 
more City,  requiring  him  to  summon  twenty  jurors  to  attend 
the  court,  when  proceedings  shall  be  had  in  such  cases  as  is 
usual  in  like  cases  in  equity. 

324-  The  Judge  of  the  Circuit  Court  is  not  required  to  file 
opinions  for  or  in  respect  of  any  final  decree  or  decretal  order, 
whenever  such  decree  or  order  shall  have  passed  upon  argu- 
ment, oral  or  in  writing,  on  the  part  of  any  of  the  parties  to  a 
cause.  This  section  shall  apply  also  to  the  Judge  of  the 
Circuit  Court  Number  Two  of  Baltimore  City. 

Circuit  Court  Number  Two  of  Baltimore  City. 

325.  Another  court  is  established  in  and  for  the  City  of  Bal- 
timore, to  be  styled  the  Circuit  Court  Number  Two  of  Balti- 
more City.  The  powers  and  jurisdiction  of  said  court  shall 
be  concurrent  with  those  now  held  and  exercised  by  the 
Circuit  Court  of  Baltimore  Citv,  and  both  of  said  courts  shall 
have  the  same  terms  and  return  days ;  subject,  however,  to 
such  rules  and  regulations  for  a  proper  distribution  and  appor- 
tionment of  business  between  them  as  the  Supreme  Bench  of 
Baltimore  City  shall  from  time  to  time  prescribe. 

326.  There  shall  be  elected  another  Judge  of  the  Supreme 
Bench  of  Baltimore  City,  by  the  legal  and  qualified  voters  of 
said  City,  at  the  election  to  be  held  in  said  City  on  the  Tues- 


147 


day  next  after  the  first  Monday  of  November,  eighteen  hun- 
dred and  eighty -eight ;  the  said  Judge,  when  elected,  to  be 
subject  to  all  the  provisions  of  the  Constitution  relating  to 
the  Supreme  Bench  iu  Baltimore  City  and  the  several  judges 
thereof. 

327.  There  shall  be  elected  at  the  same  election  by  the 
legal  and  qualified  voters  of  Baltimore  City,  a  clerk  for  said 
Circuit  Court  Number  Two  of  Baltimore  City,  who  shall  be 
subject  to  all  the  provisions  of  the  Constitution  relating  to  the 
Clerk  of  the  Circuit  Court  of  Baltimore  City. 

Criminal  Court  of  Baltimore. 

328.  The  Criminal  Court  of  Baltimore  shall  hold  three 
regular  sessions  yearly,  to  commence  on  the  second  Monday 
of  January,  second  Monday  of  May,  and  second  Monda}-  of 
September ;  and  such  sessions  shall  continue  until  all  the  busi- 
ness before  it  shall  be  finished. 

329.  At  special  sessions  of  said  court,  all  cases  may  be 
tried  and  disposed  of  as  at  the  regular  terms  thereof. 

330.  The  Criminal  Court  of  Baltimore  shall  have  jurisdic- 
tion in  all  cases  of  felony,  and  other  crimes,  ojffences  and  mis- 
demeanors within  the  City  of  Baltimore. 

331.  Any  person  convicted  in  the  Criminal  Court  of  Balti- 
more of  larceny  committed  in  Baltimore  City  to  an  amount 
under  five  dollars,  may  in  the  discretion  of  the  judge  of  the 
said  court,  be  sentenced  to  hard  labor  in  the  jail  of  Baltimore 
City  for  not  less  than  six  months  nor  more  than  two  years, 
instead  of  the  penitentiary. 

332.  All  commitments  and  recognizances  for  all  felonies, 
crimes,  offences  and  misdemeanors  committed  within  said  City, 
shall  be  returned  from  time  to  time  by  any  Justice  of  the  Peace 
taking  the  same  before  said  court,  and  shall  be  lodged  with  the 
clerk  of  said  coiirt  on  the  day  next  preceding  the  day  appointed 
for  holding  the  said  court. 

333.  It  shall  be  the  duty  of  the  Sheriff  to  make  return  of 
each  capias  upon  presentment  or  indictment  from  said  court 


148 

within  five  days  after  the  same  is  delivered  to  him  by  the  clerk  ; 
and  if  said  capias  is  returned  non  est,  the  clerk  shall,  in  the 
discretion  of  the  State's  Attorney  of  Baltimore  City,  order  said 
capias  to  be  re-issued,  and  the  same  capias  shall  again  be 
delivered  to  the  Sheriff ;  and  the  date  of  the  first  return  thereof 
shall  be  endorsed  thereon  ;  and  the  second  return  shall  be  made 
within  the  time  above  specified ;  and  in  case  the  said  capias  is 
returned  the  second  time  non  est,  the  same  shall  be  again  so 
endorsed  and  delivered  to  the  Sherifi'. 

334.  The  clerk  of  said  court  and  the  Sheriff  of  said  City 
shall  be  allowed  only  the  fees  for  the  issue  of  one  capias,  or 
for  the  service  of  one  capias  in  each  term,  however  often  the 
same  may  be  issued  or  returned. 

335.  All  subpoenas  for  witnesses  from  said  court  shall  be 
returned  by  the  Sherifi'  within  six  days  after  the  same  are 
issued  by  the  clerk,  or  within  six  days  after  the  day  of  the 
renewal  of  such  suhpanas,  unless  the  same  are  ordered  to  be 
returned  immediately,  in  which  case  they  shall  be  so  returned, 
if  practicable. 

336.  The  said  Sheriff  shall  be  allowed  for  the  service  of 
one  subpoena  only,  against  any  witness  that  may  be  returned 
non  est,  and  for  whom  the  said  subpxxna  may  be  renewed, 
whether  once  or  oftener  in  one  term. 

337.  The  clerk  of  said  court,  if  a  subpoena  is  renewed  by 
order  of  the  State's  Attorney,  or  by  the  counsel  of  the  prisoner 
or  traverser,  shall  endorse  the  renewal,  on  the  subpoena,  and 
the  same  shall  have  all  the  legal  effect  of  a  new  subpoena  issued 
in  the  term  of  said  court  during  which  said  subpoena  was  first 
issued. 

338.  The  Sheriff  of  said  City  shall  be  subject  to  a  penalty 
of  five  dollars  in  each  case  in  which  returns  are  not  made 
within  the  time  prescribed  in  this  sub-division  of  this  Article. 

339.  Witnesses  appearing  before  the  Grand  Jury  shall  be 
sworn  in  the  presence  of  the  Grand  Jury  by  the  foreman  or  by 
some  other  member  appointed  by  the  foreman  for  that  purpose. 


149 


340.  In  all  cases  of  misdemeanor  which  may  be  prosecuted 
in  said  court  at  the  instance  of  any  person,  if  the  party  so 
prosecuted  shall  be  acquitted,  all  the  legal  costs  and  expenses 
attending  the  prosecution  shall  be  paid  by  the  person  at  whose 
instance  such  prosecution  was  commenced,  unless  the  court 
shall  certify  that  there  was  probable  cause  for  the  prosecution. 

341.  The  same  process  may  be  issued  for  the  recovery  of 
the  costs  and  expenses  of  such  prosecution  against  the  person 
who  may  become  liable  therefor  under  the  last  preceding  sec- 
tion, as  could  be  issued  against  the  party  prosecuted,  if  he  had 
been  convicted. 

342.  The  Mayor  and  City  Council  of  Baltimore  shall  not 
be  liable  in  any  criminal  cases  tried  in  the  Criminal  Court  of 
Baltimore  for  the  appearance  fees  allowed  by  law  to  the 
attorney  of  the  traverser. 

343.  Whenever  the  Grand  Jury  shall  find  any  presentment 
against  any  person  for  misdemeanor  they  shall  endorse  on  the 
presentment  the  name  of  the  person  at  whose  instance  such 
presentment  is  made,  who  shall  be  deemed  and  taken  to  be  the 
person  at  whose  instance  such  prosecution  was  commenced. 

344.  If  any  security  in  any  recognizance  shall  request  to 
deliver  up  the  principal,  said  court,  or  the  judge  thereof  in  the 
recess,  may  accept  such  surrender,  and  may  require  and  take 
other  recognizance,  or  commit  the  principal  to  jail  until  he 
gives  such  security  as  the  law  requires. 

345.  If  any  person  convicted  in  said  court  shall  have  a 
child  or  children  under  the  age  of  twenty-one  years,  and  shall 
not  have  property  sufficient  to  maintain  such  child  or  children, 
the  said  court  may  bind  such  child  or  children  to  any  trade  or 
handicraft;  females  until  the  age  of  sixteen,  and  males  until 
the  age  of  twenty-one  years. 

346.  If  any  person  who  shall  be  summond  as  a  witness  to 
said  court  shall  fail  to  attend  as  required  in  said  summons,  he 
shall  be  fined  by  said  court  in  its  discretion,  not  exceeding  one 
hundred  and  fifty  dollars. 

347.  In  all  criminal  cases  in  the  said  court  in  which  bail 
shall  be  forfeited,  the  person  who  shall  have  entered  into  such 


150 


recognizance  for  the  appearance  of  any  traverser  or  prisoner 
shall  be  liable  forthwith  to  an  attachment  for  contempt  for  the 
non-appearance  of  said  party,  which  attachment  shall  be  issued 
by  the  court  in  which  an  indictment  against  said  traverser  or 
prisoner  is  pending,  at  the  instance  of  the  attorney  prosecuting 
therein. 

348.  In  all  cases  in  which  bail  as  aforesaid  is  forfeited,  the 
court  may,  on  the  return  of  said  attachment,  order  the  person 
attached  to  stand  committed  until  the  amount  of  said  recogni- 
zance is  fully  paid  and  satisfied,  or  may  order  said  person  to 
be  discharged  upon  the  payment  of  such  lesser  sum  as  it  shall, 
in  its  discretion,  deem  proper ;  provided,  such  sum  be  not  less 
than  the  amount  of  the  costs  which  may  have  accrued  in  the 
case  up  to  the  time  of  passing  such  order. 

349.  In  all  criminal  cases  removed  from  the  Circuit  Court 
for  Baltimore  County  to  the  Criminal  Court  of  Baltimore  and 
tried,  the  Judge  of  the  Criminal  Court  may  allow  to  the  State's 
Attorney  for  Baltimore  City,  in  addition  to  the  sum  now 
allowed  by  law,  a  compensation  not  exceeding  forty  dollars  in 
any  one  case,  to  be  paid  by  Baltimore  County  to  the  City 
Eegister,  for  the  benefit  of  the  State's  Attorney. 

350.  The  Criminal  Court  of  Baltimore  may  appoint 
assistant  counsel  for  the  State  to  aid  in  the  trial  of  criminal  or 
other  State  cases  in  said  court,  whenever  in  the  judgment  of 
the  court  the  public  interest  requires  it. 

351.  The  Mayor  and  City  Council  of  Baltimore  shall  levy 
and  pay  such  sum  as  in  their  judgment  will  be  an  adequate 
compensation   for   the    services    rendered    by    such    assistant 
counsel ;  provided,  the  sum  levied  and  paid  in  any  single 
shall  not  exceed  one  hundred  dollars. 

Orphans    Court 

352.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City 
shall  receive  five  dollars  for  every  day's  attendance  upon  the 
sessions  of  said  Court,  to  be  paid  by  the  City  of  Baltimore 
monthly,  and  the  sessions  of  said  Court  shall  continue  from 
11  A.  M.  until  3  P.  M.,  if  necessary  for  the  transaction  of 
business  of  the  Court. 


151 


353.  The  Bailiff  of  said  Orphans'  Coui-t  shall  receive  five 
dollars  a  day  for  each  day's  attendance  upon  said  Court. 

Register  of  Wills. 

354.  The  Eegister  of  Wills  of  Baltimore  City,  upon  his 
election  or  apjjointment,  and  at  and  before  the  expiration  of 
every  two  years  thereafter,  shall  give  bond  to  the  State  of 
Maryland  in  the  sum  of  thirty  thousand  dollars,  conditioned 
for  the  faithful  performance  of  all  the  duties  now  or  which 
may  hereafter  be  required  of  him  by  law,  with  securities,  the 
sufficiency  of  which  shall  be  certified  by  the  Judges  of  the 
Orphans'  Court  for  said  City,  the  same  to  be  approved  by  the 
Comptroller  of  the  State,  and  when  approved,  to  be  filed  in  his 
office. 

355.  When  said  bond  is  inspected  by  the  judges  of  said 
court,  and  is  deemed  good  and  sufficient,  and  is  so  certified, 
the  same  shall  be  forthwith  entered  among  the  proceedings  of 
said  court,  and  sent  to  the  Comptroller  for  his  approval ;  and 
when  said  bond  shall  be  approved  by  the  Comptroller,  he  shall 
forthwith  make  a  certificate  of  the  fact  of  such  approval,  and 
send  the  said  certificate  to  the  Judges  of  said  Orphans'  Court, 
and  the  same  shall  be  entered  among  the  proceedings  of  the 
court. 

356.  A  refusal  or  neglect  on  the  part  of  said  Register  to 
give  bond,  to  be  approved  and  recorded  as  aforesaid,  within 
the  time  prescribed,  shall  be  deemed  a  disqualification  within 
the  meaning  of  the  Constitution,  and  thereupon  his  place  shall 
be  filled  according  to  the  provisions  of  the  25th  and  41st 
sections  of  the  4th  Article  of  the  Constitution,  and  subject  to 
the  term  and  service  therein  prescribed. 

Clerks  of  Law  Courts  of  Baltimore  City. 

357.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
shall  give  bond  to  the  State  of  Maryland  in  the  sum  of  thirty 
thousand  dollars ;  the  Clerk  of  the  Court  of  Common  Pleas  in 
the  sum  of  fifty  thousand  dollars,  and  the  Clerk  of  the  Balti- 
more City  Court  in  the  sum  of  twenty  thousand  dollars,  each 
of  said  bonds  conditioned  for  the  faithful  performance  of  all 
the  duties  now  required  of  each  of  said  clerks  by  law,  with 
sufficient  securities ;  the  sufficiency  of  which  securities  shall  be 
certified  to  by  the  Judge  of  each  of  said  courts,  and  approved 
by  the  Comptroller  of  the  State  as  herein  directed. 


152 

358.  Wiien  the  sufficiency  of  the  securities  in  each  of  said 
bonds  is  certified  to  by  the  judges  of  the  several  courts,  the 
bonds  shall  be  immediately  recorded  among  the  proceedings 
of  the  court  to  which  the  said  clerk  belongs,  and  then  sent  to 
the  Comptroller  for  his  apj)roval ;  and  if  the  Comptroller  shall 
approve  said  bonds  and  securities  he  shall  certify  the  same  to 
the  judges  of  said  several  courts,  and  such  certificates  shall  be 
recorded  in  such  respective  courts. 

359.  Each  of  said  clerks  shall  every  second  year  renew 
his  said  bond  in  the  same  penalty,  and  with  securities  to  be 
certified  and  aj^proved  as  hereinbefore  directed. 

360.  If  any  one  of  the  clerks  of  said  courts  shall  fail  to 
give  bond  as  hereinbefore  directed,  within  thirty  days  after  he 
has  received  his  commission,  or  shall  fail  to  give  a  new  bond 
within  thirty  days  after  the  expiration  of  two  years  from  the 
date  of  the  bond  previously  given,  it  shall  be  regarded  as  a 
misdemeanor  in  office,  and  upon  conviction  thereof  he  shall  be 
removed. 

361.  No  deputy  or  assistant  of  a  clerk  shall  become  a 
surety  on  his  official  bond. 

362.  The  Clerks  of  the  Superior  Court  of  Baltimore  City, 
of  the  Common  Pleas,  and  Baltimore  City  Court  are  each 
authorized  and  required  to  prepare  an  index  of  all  judgments 
rendered  in  the  courts  aforesaid ;  and  they  shall  severally,  on 
each  day  after  the  adjournment  of  court,  enter  in  a  book  to  be 
provided  for  that  purpose,  an  index  of  each  judgment  rendered 
in  the  court  whereof  he  is  clerk;  and  thev  are  authorized 
severally  to  charge  and  receive  ten  cents  for  each  judgment 
indexed  as  aforesaid ;  said  fee  to  be  taxed  in  the  bill  of  costs 
of  each  case  in  which  judgment  is  entered — to  be  collected  as 
other  fees  are  now  collected. 

363.  All  the  provisions  of  sections  57-62  of  Article  17  of 
the  Code  of  Public  General  Laws,  title  "Clerks  of  Courts," 
sub-title  "Clerks  of  the  Circuit  Courts,"  relating  to  the  obtain- 
ing of  blank  licenses,  granting  the  same  and  returning  an 
account  thereof  to  the  Comptroller  by  the  clerks  of  the  circuit 
courts  for  the  counties,  shall  apply  to  the  Clerk  of  the  Court 
of  Common  Pleas,  and  it  shall  be  his  duty  to  comply  with  such 
provisions. 


163 


364.  The  Clerk  of  the  Superior  Court  of  Baltimore  City 
is  authorized  and  empowered  to  have  fair  and  legible  copies 
made  of  such  land  record  books  in  his  custody  of  the  classes 
and  description  hereinafter  named,  as  have  become  worn, 
mutilated  or  illegible,  that  is  to  say,  fifty-six  volumes  of  the 
said  land  record  books,  of  a  date  f)rior  to  the  year  eighteen 
hundred ;  five  volumes  of  the  series  of  land  record  books 
known  as  "W.  G."  and  eight  volumes  of  the  said  land  record 
books,  of  the  series  known  as  "E.  D." 

365.  A  copy  made  in  pursuance  of  the  provisions  of  the 
preceding  section,  and  compared  and  certified  under  oath  by 
the  said  Clerk  of  the  Superior  Court  of  Baltimore  City,  to  be  a 
true  copy,  shall  have  the  same  force  and  effect  when  deposited 
among  the  said  land  records  of  said  City,  as  if  it  were  an 
original  record. 

366.  After  the  aforesaid  copies  shall  have  been  duly  made 
as  above  provided,  the  original  land  record  books  so  replaced 
shall  be  removed  to  some  place  of  safe  keeping  by  the  said 
Clerk  of  the  Superior  Court  of  Baltimore  City,  and  carefully 
preserved,  and  only  exhibited  or  allowed  to  be  inspected  upon 
an  order  of  court,  or  in  the  discretion  of  the  said  Clerk  of  the 
Superior  Court  of  Baltimore  City. 

Clerli,  of  the  Criminal  Court  of  Baltimore. 

367.  The  Clerk  of  the  Criminal  Court  of  Baltimore  shall 
give  bond  to  the  State  of  Maryland  in  the  penalty  of  fourteen 
thousand  dollars,  with  sufficient  security,  to  be  approved  by 
the  Judge  of  said  court,  and  conditioned  for  the  faithful  per- 
formance of  all  the  duties  now  required,  or  which  may  here- 
after be  required  of  him  by  law,  and  to  be  recorded  in  the 
office  of  said  clerk. 

368.  The  said  clerk  shall  renew  said  bond  at  the  same  time 
and  under  the  same  penalty  as  are  prescribed  for  the  clerks  of 
the  Circuit  Courts. 

GlerTc  of  Circuit  Court  of  Baltimore   City,  and  of  the    Circuit 
Court  Number   Tivo  of  Baltimore   City. 

369.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City,  and 
of  the  Circuit  Court  Number  Two  of   Baltimore  City,  shall 


154 

respectively  enter  into  bond  to  the  State  in  the  penalty  of 
twenty  thousand  dollars,  conditioned  for  the  faithful  discharge 
of  his  duties,  with  security  to  be  approved  by  the  Judge  of 
said  courts. 

Salaries  of  Cler^ks  of  Courts. 

370.  Whenever  the  fees  or  other  compensation  of  any  of 
the  clerks  of  the  courts  of  Baltimore  City  shall,  after  the  pay- 
ment of  all  necessary  expenses,  fail  to  pay  such  ofl&cers  the 
salary  provided  for  by  the  Constitution,  and  any  of  said  clerks 
shall,  under  section  1st,  Article  15,  of  the  Constitution,  have 
paid  to  the  State  any  sum  of  money  as  excess,  after  retaining 
his  salary,  such  excess  is  appropriated  to  the  payment  of  the 
salary  so  in  arrear  until  each  of  said  clerks  shall  have  received 
the  full  amount  thereof ;  and  it  shall  be  the  duty  of  the  Comp- 
troller of  the  State  to  draw  a  warrant  upon  the  State  Treasurer 
for  the  payment  of  said  arrears  out  of  the  said  excess,  not  to 
exceed  the  whole  amount  so  in  arrear,  and  not  to  exceed  the 
whole  amount  of  said  excess  paid  into  the  treasiiry  of  the 
State. 

371.  The  Comptroller  of  the  State  of  Maryland  be  and  he 
is  hereby  directed  to  draw^  a  w^arrant  upon  the  State  Treasurer 
for  the  payment  of  the  sum  of  twenty-five  hundred  dollars  per 
annum  in  each  and  every  year,  in  quarterly  instalments  of  six 
hundred  and  twenty-five  dollars  at  the  end  of  each  and  every 
quarter,  for  the  compensation  of  the  trust  clerk  designated  by 
the  Supreme  Bench  of  Baltimore  City  in  the  offices  of  the 
Circuit  Court  of  Baltimore  City  and  Circuit  Court  No.  2  of 
Baltimore  City,  for  the  supervision  of  the  trust  estates  in  said 
courts,  payment  of  said  salary  to  be  made  out  of  any  money 
paid  by  the  clerks  of  the  several  courts  of  Baltimore  City  unto 
the  State  Treasury,  and  on  the  certificate  of  some  one  of  the 
judges  of  the  Supreme  Bench  of  Baltimore  City  that  such  trust 
clerk  has  performed  his  duties  for  the  time  so  certified  by  said 
judge. 

Criers,  Bailiffs,  Watchmen  and  Stenographer's. 

372.  The  Clerks  of  the  Circuit  Court,  Circuit  Court  Number 
Two,  the  Criminal  Court,  the  Court  of  Common  Pleas,  the  City 
Court  and  the  Siiperior  Court  of  Baltimore  City  shall  severally, 
at  the  end  of  every  month,  certify  to  the  Mayor  and  Register 
of  the  City  the  amount  due  the  several  bailifi's  and  criers  of 
their  respective  courts,  and  the  Mayor  and  Register  shall  pay 
them  accordingly. 


155 


373.  The  City  Kegister  shall  pay  to  the  crier  of  the  Superior 
Court  of  Baltimore  City,  the  crier  of  the  Baltimore  City  Court, 
and  the  crier  of  the  Court  of  Common  Pleas  of  Baltimore  City 
the  sum  of  fifteen  hundred  dollars  per  annum,  in  monthly 
instalments  of  one  hundred  and  twenty-five  dollars  at  the  end 
of  each  and  every  month,  as  and  for  their  respective  salaries, 
on  the  certificates  of  said  clerks  of  the  said  courts  that  said 
criers  have  performed  their  several  duties  as  criers  of  said 
courts  for  the  time  so  certified  by  said  clerks. 

374.  The  City  Kegister  shall  pay  to  the  bailifts,  respectively, 
of  the  Superior  Court  of  Baltimore  City,  of  the  Court  of 
Common  Pleas  of  Baltimore  City,  of  the  Baltimore  City  Court, 
of  the  Circuit  Court  of  Baltimore  City,  of  the  Circuit  Court 
Number  Two  of  Baltimore  City  and  of  the  Criminal  Court  of 
Baltimore  City  the  sum  of  fifteen  hundred  dollars  per  annum, 
as  and  for  their  respective  salaries,  at  the  same  time  and  in 
the  same  manner  as  is  provided  in  the  preceding  section  for 
the  payment  of  the  salaries  of  the  crier  of  the  Superior  Court, 
the  crier  of  the  Baltimore  City  Court  and  the  crier  of  the 
Court  of  Common  Pleas  of  Baltimore  City. 

375.  The  Clerk  of  the  Circuit  Court  of  Baltimore  City  and 
the  Clerk  of  the  Circuit  Court  Number  Two  of  Baltimore  City 
are  respectively  authorized  and  empowered  to  appoint  a  night 
watchman,  whose  duty  shall  be  to  strictly  and  vigilantly  guard 
throughout  the  year,  between  the  hours  of  six  P.  M.  and  seven 
A.  M.,  the  records  and  papers  deposited  in  their  respective 
ofiices,  and  who  shall  be  removed  in  the  discretion  of  the  said 
clerks,  respectively,  for  neglect  or  carelessness  in  the  discharge 
of  his  duties,  or  for  other  good  and  sufficient  cause. 

376.  The  City  Register  shall  pay  to  the  said  watchmen  the 
sum  of  nine  hundred  dollars  per  annum,  as  and  for  their 
respective  salaries,  in  the  same  manner  as  is  provided  for  the 
payment  of  the  salaries  of  the  bailifi"s  of  the  courts. 

377.  The  Clerk  of  the  Court  of  Common  Pleas  in  Balti- 
timore  City  is  authorized  and  empowered  to  appoint  a  night 
watchman,  whose  duty  it  shall  he  to  strictly  and  vigilantly 
guard,  throughout  the  year,  the  records  and  papers  deposited 
in  the  office  of  the  Clerk  of  the  Court  of  Common  Pleas,  and 
who  shall  be  removed,  in  the  discretion  of  the  said  clerk,  for 


156 

neglect  or  carelessness  in  the  discharge  of  his  duties,  or  for 
other  good  and  sufficient  cause. 

378.  The  City  Eegister  shall  pay  to  the  said  watchman  the 
sum  of  eighty-three  dollars  and  thirty-three  cents  per  month, 
as  and  for  his  salary,  in  the  same  manner  as  is  provided  for 
the  payment  of  the  salaries  of  the  bailiffs  of  the  courts. 

379.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City 
are  authorized  and  directed  to  appoint  from  time  to  time  as 
many  court  stenographers,  not  exceeding  in  number  altogether 
the  number  of  said  judges,  as  shall  in  their  discretion  be 
required  for  the  services  of  the  several  courts  of  Baltimore 
City,  who  shall  be  sworn  officers  of  the  court,  and  shall  each 
be  paid  a  salary  of  fifteen  hundred  dollars  per  annum,  when 
such  stenographers  shall  be  required  to  attend  the  courts  regu- 
larly, or  ten  dollars  per  diem  for  each  day  of  actual  employ- 
ment, when  he  shall  be  appointed  to  attend  only  when  his 
service  shall  be  specially  required  by  the  judge ;  said  salaries 
to  be  paid  in  like  manner  as  the  salaries  of  the  other  officers 
of  the  courts  are  now  paid  as  jarescribed  in  section  372  of  this 
sub-division. 

380.  Each  of  the  stenographers  so  appointed  shall  be 
skilled  in  the  practice  of  his  art,  and  shall  hold  his  position 
during  the  pleasure  of  the  Supreme  Bench.  It  shall  be  his 
duty,  under  the  direction  of  the  judge  of  the  court  to  which 
he  may  be  assigned  for  the  time  being,  to  take  full  steno- 
graphic notes  of  all  oral  testimony  and  judicial  opinions  orally 
delivered  in  every  judicial  proceeding ;  and  it  shall  be  his  duty 
to  furnish  to  any  party  to  such  proceeding,  upon  request,  a 
typewritten  copy  of  the  notes  of  testimony  and  judicial  opinions 
so  taken  by  him,  or  of  such  part  thereof  as  may  be  required, 
on  payment  by  such  party  of  the  expenses  of  such  copy,  at 
such  rates  as  shall  be  fixed  by  iiile  of  court  at  the  time. 
Whenever  any  judge  shall  be  satisfied  that  a  copy  of  all  or 
any  part  of  the  stenographic  notes  of  testimony  or  judicial 
opinions,  taken  during  any  judicial  proceeding  at  which  he 
presided,  is  necessary  for  the  purpose  of  justice,  he  shall, 
under  such  mles  as  shall  be  prescribed  by  the  Supreme  Bench, 
pass  an  order  that  the  expense  of  making  a  copy  of  such  part 
of  said  stenographic  notes  as  he  shall  specify  in  said  order 
shall  be  deemed  a  necessary  disbursement  of  the  proceeding, 


157 


and  allowed  as  such  to  the  prevailing  party,  and  it  shall  be  so 
taxed  in  the  bill  of  cost,  but  shall  be  paid  in  the  first  instance 
as  shall  be  directed  in  said  order. 

381.  The  Judges  of  the  Orphans'  Court  of  the  City  of  Bal- 
timore are  authorized  and  directed  to  appoint  a  stenographer 
for  that  court,  who  shall  be  a  sworn  officer  of  the  court,  but 
shall  be  required  to  attend  the  sessions  of  such  court  only 
when  specially  summoned  by  the  presiding  judge  thereof. 
The  stenographer  so  appointed  shall  be  skilled  in  the  practice 
of  his  art,  and  shall  hold  his  position  so  long  as  he  efficiently 
discharges  the  duties  of  his  olhce.  In  any  proceeding  in  said 
court  in  which  either  party  shall  give  notice  that  in  the  event 
of  a  decision  of  said  court  adverse  to  the  claim  of  such  party, 
an  appeal  will  be  taken  to  the  Court  of  Appeals,  the  presiding 
judge  of  the  court  shall  require  the  attendance  of  the  stenog- 
rapher, whose  duty  it  shall  be  in  such  proceedings  to  take 
full  stenographic  notes  of  all  oral  proofs  and  judicial  opinions 
orally  delivered  ;  and  in  case  appeal  shall  be  taken  from  the 
decision  of  the  court,  such  notes  shall  be  transcribed,  and 
after  being  signed  by  the  witnesses,  deponents  or  affiants, 
shall  become  a  portion  of  the  record  of  the  case,  to  be  trans- 
mitted by  the  judges  of  the  court  to  the  Court  of  Appeals. 
By  consent  of  the  parties  to  the  proceeding  in  which  such 
proofs  shall  be  taken,  and  of  the  judges  of  said  court,  the 
signing  of  such  record  of  proof  by  the  witness,  deponent  or 
affiant,  may  be  waived ;  in  which  case  such  record,  after  being 
authenticated  by  the  certificate  of  said  stenographer,  or  of  the 
presiding  judge  of  the  court,  shall  be  deemed  to  be  the  record 
of  any  proofs  or  proceedings  so  taken.  The  stenographer 
shall  receive  as  compensation  for  his  services  the  sum  of 
eight  dollars  for  each  day  of  actual  attendance  at  the  court,  by 
direction  of  the  presiding  judge  thereof,  which  sum  the  pre- 
siding judge  shall  cause  to  be  paid  equally  by  the  respective 
parties  to  the  proceeding  in  which  the  notes  shall  be  taken, 
and  shall  enforce  payment  thereof;  and  if  the  notes  so  taken 
shall  be  transcribed,  as  hereinbefore  provided,  the  expense  of 
such  transcriptions,  at  the  rate  of  ten  cents  for  each  one  hun- 
dred words  so  transcribed,  shall  be  taxed  in  the  bill  of  costs 
of  the  proceeding  to  the  party  appellant,  and  shall  thereafter 
be  awarded  as  costs  by  the  Court  of  Appeals,  in  accordance 
with  the  provisions  of  the  Code  of  Public  General  Laws. 


158 

382.  The  stenographer  in  each  of  the  courts  hereinbefore 
named  may  appoint  an  assistant  stenographer,  who  shall  also 
(be  a  sworn  officer  of  the  court,  to  assist  him  in  the  discharge 
of  his  duties  ;  j^t'ovided,  that  no  additional  compensation  shall 
be  paid  or  expense  incurred  by  reason  of  such  appointment. 

Sherif 

383.  The  Sheriff  of  Baltimore  City  shall  be  allowed  four 
dollars  per  day  for  every  day  he  shall  attend,  either  in  person 
or  by  deputy,  in  the  Superior  Court  of  Baltimore  City,  and  in 
the  Court  of  Common  Pleas,  and  in  the  Baltimore  City  Court, 
and  in  the  Criminal  Court  of  Baltimore,  to  be  paid  to  him  out 
of  the  money  received  as  fees  or  fines  in  the  Sheriff's  office, 
belonging  to  the  State. 

384.  Any  officer  may  send  out  his  fees  on  execution  at  any 
time  during  the  year. 

385.  The  Sheriff  shall  collect  the  fees  due  to  the  following 
officers,  which  may  be  placed  in  his  hands  for  collection, 
namely :  attorneys,  clerks  of  all  the  courts,  commissioner  of 
the  land  office,  coroners,  criers,  registers  of  wills,  surveyors 
and  sheriffs. 

386.  The  Sheriff  may  distrain  or  execute  the  goods  and 
chattels  of  any  person  against  whom  any  fees  are  placed  in  his 
hands  for  collection ;  provided,  he  has  sixty  days  previously 
delivered  to  such  person,  or  left  at  his  place  of  abode,  an 
account  of  such  fees. 

Witnesses,  Docket  Entries  and  Records. 

387.  Witnesses  attending  any  of  the  Courts  of  Baltimore 
City,  except  the  Criminal  Court  of  Baltimore,  shall  be  entitled 
to  fifty  cents  a  day,  and  in  the  Criminal  Court  shall  not  be 
entitled  to  said  allowance,  except  by  the  express  order  of  the 
Court,  and  only  in  such  cases  as  the  Court  in  its  discretion 
may  deem  proper.  But  any  of  the  Courts  of  Baltimore  City 
may,  in  it  discretion,  allow  itinerant  charges  to  out-of-town 
witnesses. 

388.  In  any  suit  now  pending,  or  hereafter  to  depend,  in 
any  court  in  the  City  of  Baltimore,  wherein  a  transcript  of  the 
record  of  any  cause  in  any  other  court  in  the  City  of  Baltimore 


159 


might  be  offered  in  evidence,  it  shall  be  sufficient  to  produce 
the  docket  entries  and  original  papers  and  proceedings  in  said 
last-mentioned  cause,  or  the  record  book  in  which  the  same 
have  been  recorded,  if  required  by  law  to  be  recorded,  and 
actually  recorded,  and  offer  the  same  in  evidence ;  and  the 
same,  when  so  produced  and  offered  in  evidence,  shall  have  the 
same  effect,  to  all  intents  and  purposes,  as  a  transcript  of  the 
record  thereof,  under  the  seal  of  the  court  wherein  the  same 
are ;  and  such  production  may  be  had  by  any  party  to  a  suit 
upon  a  subpoena  duces  tecutn  issued  to  the  clerk  of  the  court 
wherein  such  docket  entries,  original  papers  and  proceedings 
may  be. 

Costs. 

389.  In  all  actions  at  law  for  wrongs,  independent  of  con- 
tracts, in  any  of  the  courts  of  Baltimore  City,  where  the  ver- 
dict or  inquisition  of  damages  after  default  made  shall  be  for 
a  sum  less  than  fifty  dollars,  the  cost  shall  be  adjudged  to 
the  defendant,  unless  the  Court  shall  otherwise  determine  ;  but 
the  Court,  before  allowing  costs  to  the  plaintiff  in  such  case, 
shall  be  satisfied  that  he  had  good  reason  for  not  bringing  suit 
before  a  Justice  of  the  Peace ;  and  in  all  cases  of  appeals 
whatsoever  from  judgments  of  Justices  of  the  Peace  in  Balti- 
more City,  costs  shall  be  allowed  to  plaintiff'  or  defendant,  in 
the  discretion  of  the  Court  ;  provided,  that  in  all  cases  involv- 
ing the  title  to  real  estate,  wherein  the  verdict  or  judgment  is 
for  the  plaintiff,  he  shall  be  allowed  his  costs. 

CRUELTY   TO    ANIMALS. 

390.  If  any  person  shall  wilfully  cause  or  procure  any 
bull-baiting,  cock-fighting  or  the  fighting  of  dogs,  in  the  City 
of  Baltimore,  or  shall  wilfully  and  wickedly  kill,  cripple  or 
commit  acts  of  cruelty  upon  animals  in  said  City,  or  any  of 
the  streets,  lanes  or  alleys  thereof,  every  such  person  and  those 
aiding  therein  shall  be  liable  to  prosecution  and  punishment 
in  the  Criminal  Court  of  Baltimore  as  for  other  misdemeanors. 

391.  Whoever  shall  unnecessarily  overdrive,  overload, 
overwork,  torture,  torment,  deprive  of  necessary  sustenance, 
cruelly  or  unnecessarily  beat,  cruelly  mutilate  or  cruelly  kill,  or 
cause  to  procure  to  be  so  unnecessarily  overdriven,  overloaded, 
overworked,  tortured,  tormented,  deprived  of  necessary  suste- 
nance, cruelly  or  unnecessarily  beaten,  mutilated  or  killed,  any 


160 

horse,  ox  or  other  animal,  shall  be  punished  by  a  fine  of  not 
less  than  live  dollars,  nor  more  than  twenty  dollars,  to  be 
recovered  on  complaint  of  any  member  of  the  Society  for  the 
Prevention  of  Cruelty  to  Animals,  or  by  any  other  person, 
before  any  justice  of  the  Peace  in  Baltimore  City,  or  before 
any  Justice  of  the  Peace  or  Judge  of  any  Court  in  any  county 
in  this  State. 

392.  Every  owner,  driver  or  possessor,  or  person  having 
charge  or  custody  of  a  maimed,  disabled  or  diseased  horse, 
mule  or  other  animal,  who  shall  cruelly  work  the  same  when 
unfit  for  work,  or  cruelly  abandon  the  same,  shall  be  punished 
in  the  same  manner  as  provided  in  section  391. 

393.  It  shall  be  the  duty  of  any  Justice  of  the  Peace  in  the 
City  of  Baltimore,  or  the  judge  of  any  court  therein,  or  in  any 
county  in  this  State,  before  whom  is  brought  for  trial  any 
person  charged  with  the  violation  of  any  of  the  provisions  of 
this  sub-division  of  this  Article,  to  admit  the  president  of  the 
Society  for  the  Prevention  of  Cruelty  to  Animals,  or  the 
counsel  of  said  society,  to  aid  any  State's  Attorney  in  the 
prosecution  of  such  person. 

394.  Any  person  who  shall  keep  or  use  any  bull,  bear  or 
dog,  for  the  purpose  of  fighting  or  baiting  the  same,  or  as  a 
target  to  be  shot  at,  either  for  amusement  or  as  a  test  of  skill 
in  marksmanship,  or  who  shall  be  a  party  to  or  be  present  as  a 
spectator  at  any  such  fighting,  baiting  or  shooting  of  any  bear, 
bull  or  dog,  or  any  person  who  shall  rent  any  room,  shed, 
ground  or  premises  for  the  purpose  of  fighting,  baiting  or 
shooting  any  animal,  as  aforesaid,  shall,  upon  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be  punished 
by  a  fine  of  not  less  than  fifty  dollars,  or  be  imprisoned  in  the 
jail  of  the  City  of  Baltimore,  or  in  the  county  jail  of  the  county 
in  which  the  ofifense  may  have  been  committed,  for  not  less 
than  thirty  days  nor  more  than  ninety  days,  or  be  both  fined 
and  imprisoned,  in  the  discretion  of  the  court  before  whom 
such  person  may  be  tried  and  convicted. 

DEAP,    DUMB    AJSTD    BLIND. 

395.  It  shall  be  the  duty  of  the  Mayor  and  City  Council  of 
Baltimore,  on  the  application  of  any  parent,  guardian  or  next 
friend  (provided  such  parent,  guardian  or  next  friend  has  been 


161 


a  bona  fide  citizen  of  this  State  for  at  least  two  years  previous 
to  such  application)  of  any  deaf  and  dumb  person  of  teachable 
age  and  capacity,  not  exceeding  the  age  of  twenty-one  years, 
to  inquire  into  the  age  and  capacity  of  said  deaf  and  dumb 
person,  and  also  into  the  ability  of  such  person,  his  or  her 
parent  or  guardian,  to  pay  the  expense  of  his  or  her  education  ; 
and  if  satisfied  by  evidence  produced  that  such  person  is  of 
teachable  age,  and  is  endowed  with  capacity  to  receive  insti'uc- 
tion,  and  that  neither  person,  or  his  or  her  parents  or  guardian 
is  possessed  of  means  to  pay  for  such  instruction,  then  it  shall 
be  the  further  duty  of  the  Mayor  and  City  Council  of  Balti- 
more aforesaid  to  certify  the  same  to  the  Governor  of  this 
State. 

396.  On  receiving  the  certificate  of  the  Mayor  and  City 
Council  of  Baltimore  as  aforesaid,  it  shall  be  the  duty  of  the 
Governor  to  authorize  the  instruction  of  said  deaf  and  dumb 
person  in  the  Maryland  Institute  for  the  Education  of  the 
Deaf  and  Dumb,  located  at  Frederick,  for  a  term  not  exceeding 
seven  years  ;  and  it  shall  be  the  further  duty  of  the  Governor, 
on  the  certificate  of  the  j)resident  of  said  institution  that  such 
deaf  and  dumb  person  has  been  taught  at  said  institution,  to 
order  the  Comptroller  of  the  Treasury  to  draw  his  warrant  on 
the  Treasurer  of  the  State  for  two  hundred  dollars  per  annum 
for  each  deaf  and  dumb  person  taught  in  pursuance  of  his 
authority  at  said  institution,  payable  to  the  j^resident  thereof, 
in  quarterly  payments,  on  the  first  days  of  January,  April,  July 
and  October  in  each  year ;  and  the  Governor  shall  also  order 
the  Comptroller  of  the  Treasury  to  draw  on  the  State  Treasurer 
his  warrant,  payable  to  the  proper  party,  for  the  expenses  nec- 
essarily incurred  in  transporting  and  returning  said  deaf  and 
dumb  person ;  provided,  that  the  whole  amount  drawn  from  the 
treasury  for  the  purposes  aforesaid  shall  not  exceed  seven 
thousand  five  hundred  dollars  in  any  one  year ;  provided  further 
that  the  Governor  shall  dispose  of  applications  in  behalf  of  deaf 
and  dumb  persons,  under  the  provisions  of  this  sub-division 
of  this  Article,  in  the  order  in  which  they  may  be  made ;  and 
if  the  applications  be  more  than  sufiicient  to  absorb  the  fore- 
going appropriation,  he  shall  suspend  the  action  upon  the  excess 
until  vacancies  occur,  or  further  provision  be  made  by  the 
General  Assembly. 

11 


162 

397.  A  sum  not  exceeding  twenty-one  thousand  dollars  shall 
be  and  is  hereby  annually  appropriated,  to  be  apj)lied,  under 
the  direction  of  the  Governor,  in  placing  for  instruction  in  the 
Maryland  Institution  for  the  Instruction  of  the  Blind,  such 
indigent  blind  persons  of  the  age  of  nine  years  and  upwards, 
inhabitants  of  this  State  and  the  county  or  City  from  which 
they  are  recommended,  to  the  Governor  by  the  county  commis- 
sioners of  each  county,  or  the  judges  of  the  Orphans'  Court  of 
Baltimore  City. 

398.  The  recommendation  shall  state  that  such  blind  per- 
sons are  in  such  indigent  circumstances  as  to  be  unable,  from 
their  own  resources,  or  those  of  their  parents,  to  obtain  instruc- 
tion, and  are  of  good  natural  capacity. 

399.  The  amount  per  annum  paid  for  any  one  individual 
shall  not  exceed  the  sum  of  three  hundred  dollars,  nor  the  term 
of  instruction  eight  years. 

400.  The  Governor  shall  report  to  the  General  Assembly 
at  each  regular  session  thereof  the  amount  of  money  expended 
by  him  in  pursuance  of  the  j)rovisions  of  this  sub-division  of 
this  Article,  and  the  names,  ages  and  places  of  residence  of 
the  different  applicants. 

DESTROYING    PROPERTY    MALICIOUSLY. 

401.  If  any  person  shall  maliciously  cut,  disfigure,  muti- 
late, damage,  destroy,  or  otherwise  injure  any  goods,  wares, 
materials  or  merchandise  intended  to  be  manufactured,  made 
up  or  converted  into  garments,  wearing  apparel  or  other  articles 
of  merchandise,  and  belonging  to  any  other  person,  or  shall 
maliciously  cut,  disfigure  or  otherwise  injure  any  garments, 
wearing  apparel  or  other  articles  of  merchandise  belonging  to 
any  other  person,  or  shall  cause  the  same  to  be  done,  or  shall 
by  any  means  cause  or  incite  any  person  to  do  the  same,  upon 
conviction  thereof,  before  any  tribunal  of  competent  jurisdic- 
tion, he  shall  be  fined  not  more  than  fifty  dollars,  or  be 
sentenced  to  imprisonment  in  the  House  of  Correction  for  not 
more  than  six  months,  or  both  fined  and  imprisoned  in  the 
discretion  of  the  court. 

ELECTIONS — PRIMARY. 

402.  All  primary  elections  hereafter  to  be  held  in  the  City 
of  Baltimore  by  any  political  party,  which,  at  the  preceding 


1G3 

general  election  polled  a  sufficient  percentage  of  the  vote  cast 
to  entitle  it  to  have  its  candidates  placed  upon  the  official  ballot 
by  nominations  made  by  primary  elections,  or  by  convention, 
shall  be  by  ballot,  and  at  such  time,  in  such  manner,  and 
subject  to  such  rules  and  regulations  as  may  prescribed  by  the 
regulations,  customs  and  party  usages  of  the  political  party 
holding  such  primary  elections,  and  not  inconsistent  with  the 
provisions  of  this  Article. 

403.  If  any  person  at  any  primary  election  of  any  political 
party,  held  hereafter  in  the  City  of  Baltimore  for  the  purpose 
of  selecting  one  or  more  candidates  to  be  voted  for  by  the 
people  for  public  office,  or  for  the  purpose  of  selecting  dele- 
gates to  any  convention  of  such  j^olitical  party,  shall  know- 
ingly personate  and  vote,  or  attempt  to  vote  in  the  name  of 
any  other  person,  whether  living,  dead,  or  fictitious,  or  vote 
or  attempt  to  vote  more  than  once  at  any  such  primary  elec- 
tion, or  knowingly  and  fraudulently  vote,  or  attempt  to  vote  at  a 
place  where  he  is  not  entitled  to  vote,  or  by  force,  threat, 
intimidation,  bribery,  reward  or  offer  thereof,  unlawfully  pre- 
vent any  person  entitled  to  vote  at  such  primary  election,  from 
freely  exercising  his  right  to  vote  thereat,  or  by  any  fraudu- 
lent means,  induce  or  compel  any  person  entitled  to  vote  to 
refuse  to  or  abstain  from  exercising  such  right,  or  induce  or 
compel  by  any  fraudulent  means  any  judge  or  other  officers 
of  any  such  primary  election,  to  receive  a  vote  from  any  person 
not  entitled  to  cast  such  vote,  he  shall,  on  conviction  thereof, 
be  deemed  guilty  of  a  misdemeanor,  and  be  punished  by  a  fine 
of  not  more  than  two  hundred  dollars  or  by  imprisonment  in 
jail,  for  not  more  than  six  months,  or  by  both  such  fine  and 
imprisonment,  in  the  discretion  of  the  court. 

404.  If  any  judge,  or  other  officer  of  a  primary  election 
shall  knowingly  and  fraudulently  receive  a  vote  from  any  person 
not  entitled  to  vote,  at  such  primary  election,  or  knowingly 
and  fraudulently  refuse  to  receive  the  vote  of  any  person  entitled 
to  vote  at  such  primary  election,  or  shall  fraudulently  make, 
sign,  publish  or  deliver  any  false  tally  or  return  of  the  result 
of  any  such  primary  election,  or  any  certificate  of  the  result  of 
a  primary  election,  knowing  the  same  to  be  false,  he  shall,  on 
conviction  thereof,  be  deemed  guilty  of  a  misdemeanor,  and  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars,  or 
by  imprisonment  in  jail  for  not  more  than  six  months,  or  by 
both  such  fine  and  imprisonment,  in  the  discretion  of  the  court. 


164 

405.  If  any  person,  whether  an  officer  of  such  primary  elec- 
tion or  not,  shall  knowingly  and  fraudulently  put  any  ballot, 
or  other  paper,  having  the  semblance  of  a  ballot,  into  any  ballot 
box  being  used,  or  to  be  used  for  receiving  the  votes  at  any 
such  primary  election,  with  intent  to  affect  the  result  of  such 
primary  election,  during  such  primary  election,  and  in  good 
faith  received  as  such,  or  if  any  person  shall,  before  or  during 
the  canvass  of  ballots  at  any  such  primary  election,  in  any 
manner  change,  substitute  or  alter  any  ballot  taken  from  the 
ballot  box,  then  being  canvassed  or  about  to  be  canvassed,  or 
shall  remove  any  ballot  or  semblance  thereof  from,  or  add  any 
ballot  or  semblance  thereof  to,  the  ballot  taken  from  such 
ballot  box,  and  then  being  canvassed,  he  shall,  on  conviction 
thereof,  be  deemed  guilty  of  a  misdemeanor,  and  shall  be 
punished  by  a  fine  of  not  more  than  three  hundred  dollars, 
or  by  imprisonment  in  jail  for  not  more  than  six  months,  or 
by  both  such  fine  and  imprisonment,  in  the  discretion  of  the 
court. 

406.  If  any  oath  or  affirmation  is  administered  by  the 
judges  or  other  officers  of  any  primary  election,  to  any  person 
or  persons,  for  the  purpose  of  determining  the  right  of  such 
persons,  or  of  any  other  person,  to  vote  at  such  primary  elec- 
tion, and  any  person  taking  such  oath  shall  wilfully  and  pur- 
posely swear  falsely  in  regard  to  any  matter  so  inquired  of, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  conviction 
thereof,  be  punished  by  a  fine  of  not  more  than  three  hundred 
dollars,  or  by  imprisonment  in  jail  for  not  more  than  six  months, 
or  by  both  such  fine  and  impisonment,  in  the  discretion  of  the 
court. 

407.  One  accredited  representative  of  each  and  every  can- 
didate or  group  of  candidates,  to  be  voted  for  at  each  primary 
election,  to  be  designated  in  writing,  by  such  candidates  or 
group  of  candidates,  and  in  case  of  his  necessary  absence  a 
substitute  similarly  selected,  shall  be  entitled  to  be,  and  remain 
in  full  view  of  the  ballot  box  from  the  opening  to  the  close  of 
the  election,  and  during  the  count  of  the  ballots,  shall  be 
entitled  to  take  such  position  as  will  enable  him  to  scrutinize 
the  ballots  as  they  are  counted  by  the  proper  officers  of  the 
primary  election,  and  a  refusal  to  permit  any  such  duly  accred- 
ited representative  to  exercise  such  rights,  shall  be  a  misde- 
meanor, punishable  by  a  fine  not  exceeding  two  hundred  dollars, 


165 

or  by  imprisonmeut  not  exceeding  three   months,  or  by  both' 
fine  and  imprisonment,  in  the  discretion  of  the  court. 

408.  If  at  the  place  appointed  for  holding  any  such  election, 
and  when  ten  minutes  after  the  time  fixed  for  beginning  the 
same  have  expired,  any  one  or  more  of  the  judges  so  elected 
shall  fail  to  appear,  or  appearing,  shall  not  have  qualified,  the 
other  judges  or  judge  present  and  qualified  shall  appoint  from 
among  the  friends  of  the  candidate  in  whose  interest  said  judge 
or  judges  who  failed  to  appear  was  or  were  appointed,  some 
other  person  or  persons  having  the  requisite  qualification  to 
act  as  judge  or  judges  of  said  election,  and  administer  to  him 
or  them  the  oath  or  affirmation  required  in  the  preceding 
section,  so  that  there  shall  always  be  three  judges  at  such 
election ;  and  if  any  or  both  of  said  clerks  shall  fail  to  appear 
or  qualify  within  the  time  aforesaid,  the  judges  of  election  of 
saicl  ward  shall  appoint  from  among  the  friends  of  the  candi- 
date in  whose  interest  said  clerk  was  appointed,  one  or  both 
clerks,  as  the  case  may  be,  having  the  requisite  qualifications, 
and  qualify  them  to  act  as  such ;  no  votes  shall  be  received  by 
said  judge  or  judges  until  the  number  of  judges  and  clerks 
shall  have  been  completed  and  qiialified  as  provided  under  the 
provisions  of  this  sub-division  of  this  Article. 

409.  No  person  shall  vote  at  any  such  election  who  is  not 
a  duly  qualified  and  registered  voter  in  the  ward  where  he 
ofiers  to  vote,  and  has  not  also  the  qualifications  prescribed 
and  published  as  hereinbefore  required  by  the  managing  con- 
vention of  the  political  association  or  party  under  whose 
authority  the  election  is  called. 

410.  It  shall  be  the  duty  of  the  executive  committee  of  the 
managing  convention  of  the  political  association  under  whose 
authority  such  election  is  called,  to  furnish  to  the  Board  of 
Police  of  said  City,  a  ballot-box  for  each  ward,  containing  a 
poll  book,  a  printed  copy  of  this  law,  and  of  the  resolutions 
and  rules  adopted  by  said  managing  convention  for  the  con- 
duct of  the  election,  and  a  copy  of  the  registration  lists  of  the 
ward,  duly  certified  by  the  Clerk  of  the  Superior  Court ;  the 
said  clerk  being  required  to  furnish  such  certified  copies  to 
any  such  executive  committee  upon  demand,  and  upon  the 
payment  of  the  usual  fees;  and  it  shall  be  the  duty  of  the  said 
Board  of  Police  to  cause  the  said  ballot-boxes  to  be  delivered 


166 


immediately  before  the  opening  of  such  election,  to  the  judges 
of  election  of  each  ward,  at  the  respective  polling  places  ; 
before  any  ballot  shall  be  received,  the  ballot-boxes  shall  be 
inspected  by  the  judges  of  election  in  the  presence  of  any 
persons  who  may  choose  to  attend,  and  placed  in  a  conspicuous 
position,  in  full  view  of  persons  outside  the  polling  place,  and 
shall  not  be  moved  nor  unlocked  until  after  the  election  is  over 
and  the  votes  are  to  be  counted. 

411.  The  said  judges  of  elections  shall  have  power  to 
examine  under  oath,  to  be  administered  by  them,  any  person 
offering  to  vote  at  any  such  election,  touching  his  qualifications 
and  right  to  vote  ;  but  before  such  examination  it  shall  be  their 
duty  to  take  from  him  the  ballot  which  he  shall  tender,  and  in 
case  of  the  rejection  of  the  said  ballot  they  shall  not  put  said 
ballot  in  the  ballot-box,  but  preserve  it  and  all  other  rejected 
ballots,  and  return  them  with  the  names  and  residences  of  the 
persons  offering  them,  endorsed  on  the  back  thereof,  in  a  sealed 
package,  to  the  president  of  the  managing  convention,  to  be 
kept  by  him  in  the  same  manner  as  legal  ballots  are  herein- 
after required  to  be  kept.  • 

412.  Every  voter  shall  deliver  to  the  judge  or  judges  of 
election  of  the  ward  in  which  he  offers  to  vote  a  ballot  on 
which  shall  be  written  or  printed  the  name  or  names  of  the 
person  or  persons  voted  for,  and  the  position  for  which  the 
vote  is  given  plainly  designated ;  and  the  ballots  so  delivered 
to  and  received  by  the  judges  of  election  shall  be  deposited 
in  the  ballot-box  until  the  poll  is  closed. 

413.  It  shall  be  the  duty  of  the  said  clerks  of  election  to 
enter  the  name  and  residence  of  each  person  who  casts  a  vote 
at  said  election,  plainly  in  the  poll  book,  and  also  to  perform 
such  other  duties  as  are  prescribed  by  this  sub-division  of  this 
Article  to  be  by  them  performed. 

414.  No  person  shall  be  permitted  to  be  in  the  room 
selected  as  the  polling  place  of  the  ward  during  the  time  any 
such  election  is  being  held,  except  the  judges,  clerks  and  such 
police  officers  as  may  be  designated  to  attend  thereat  by  the 
Police  Board,  upon  request  made  to  said  board  in  writing  by 
the  executive  committee  of  the  City  convention  of  the  party 
holding  the  election  ;  after  the  election  is  closed  any  candidate, 


167 


or  a  person  designated  by  liim,  and  such  other  persons  whom, 
in  the  judgment  of  the  judges  of  election,  it  may  be  proper  to 
admit,  to  guarantee  the  fairness  of  the  count,  shall  be  entitled 
to  be  present  during  the  counting  of  the  ballots. 

415.  When  the  poll  shall  be  closed,  the  box  wherein  the 
ballots  are  deposited  shall  immediately  thereafter  be  opened 
by  the  judge  or  judges  of  election,  and  the  said  judge  or  judges 
shall  publicly,  in  the  j^resence  of  the  persons  designated  in  the 
preceding  section,  carefully  take  out  the  said  ballots  and  read 
distinctly  and  aloud  the  name  or  names  written  or  printed 
thereon,  respectively,  and  the  clerks  of  said  election  shall  care- 
fully enter  and  keep  an  account  of  the  same  on  the  poll  book, 
so  that  the  number  of  votes  for  each  candidate  tallied  thereon 
may  be  readily  cast  up  and  known. 

416.  If  upon  opening  any  of  said  ballots  there  be  found 
any  more  names  written  or  printed  thereon  than  there  ought 
to  be,  or  if  any  two  or  more  of  such  ballots  be  deceitfully 
folded  together,  or  if  the  purpose  for  which  the  vote  is  given 
is  not  plainly  designated  thereon,  such  ballot  shall  be  rejected 
and  not  counted. 

417.  As  soon  as  the  ballots  shall  be  read  off  and  counted, 
and  the  number  for  each  candidate  reckoned  up  and  ascer- 
tained, the  judge  or  judges  of  election  shall  make  out,  under 
his  or  their  hands,  attested  by  the  clerks  of  election  or  one  of 
them,  on  the  poll  book,  a  plain,  fair  and  distinct  certificate  of 
the  number  of  votes  which  shall  have  been  then  and  there 
given  for  each  candidate,  distinguishing  the  station  or  office 
for  which  he  has  been  voted ;  such  certificate  to  be  as  near  as 
possible  in  the  form  of  the  like  certificate  required  from  the 
judges  of  election  under  the  general  election  law  of  this  State. 

418.  The  return  judges  of  election  shall  return,  on  the  day 
following  the  day  on  which  any  election  shall  be  held  under 
this  law,  before  twelve  o'clock,  noon,  the  ballots  cast  and  the 
ballots  rejected  at  such  election,  in  separate  sealed  packages, 
and  the  poll  books  and  certificates  aforesaid,  to  the  presiding 
ofiicer  of  the  managing  convention  of  the  political  association 
or  party  under  whose  authority  the  election  was  called,  who 
shall  immediately  thereupon  publicly  announce  the  result; 
such  packages  shall  be  destroyed  after  the  expiration  of  thirty 


168 

days,  by  said  presiding  officer,  without  breaking  the  seal  unless 
they  are,  before  that  time,  demanded  by  the  executive  com- 
mittee of  such  managing  convention,  to  be  used  as  evidence  in 
cases  of  contest  among  any  of  the  candidates  at  such  election. 

419.  The  executive  committee  of  any  such  managing  con- 
vention shall  have  full  power  to  hear  and  determine  all  ques- 
tions of  contest  between  any  candidates  voted  for  at  such  elec- 
tion, and  to  prescribe  the  rules  to  govern  all  such  contests,  and 
may  demand  and  receive  for  such  purpose  from  the  presiding 
officer  of  such  convention,  the  poll  books,  certificates  and  bal- 
lots returned  to  him  by  the  judges  of  election ;  and  for  such 
purpose  shall  have  power  to  summon  witnesses  and  examine 
them  under  oath,  to  be  administered  by  the  acting  chairman 
of  such  committee. 

420.  It  shall  be  the  duty  of  the  return  judges  of  said  elep- 
tion,  immediately  after  each  election  at  which  he  has  acted  as 
such,  to  appear  before  the  Grand  Jury  of  the  Criminal  Court 
of  Baltimore,  to  be  examined  touching  any  and  all  violations 
of  the  provisions  of  this  sub-division  of  this  Article,  of  which 
he  may  have  personal  knowledge,  to  have  been  committed  at 
such  election,  or  to  furnish  to  said  Grand  Jury,  before  their 
adjournment,  his  or  their  certificate,  signed  by  him,  and  under 
oath  made  and  certified  before  a  Justice  of  the  Peace  of  said 
City,  that  he  did  not  know  and  had  no  reason  to  believe  that 
any  such  offences  had  been  committed  at  such  election,  which 
certificate  shall  be  returned  by  the  Grand  Jury  to  the  said 
court,  and  preserved  and  recorded  by  the  clerk  thereof. 

421.  The  return  judges  at  any  such  election  shall  each 
Teceive  five  dollars  per  diem,  and  the  other  judges  and  clerks 
of  election,  two  dollars  and  a-half  per  diem,  for  their  respective 
services,  to  be  paid  by  and  recoverable  from  the  members  of 
the  executive  committee  of  the  managing  convention  of  the 
political  association  under  whose  authority  the  election  was 
called. 

422.  If  at  any  election  held  under  the  terms  of  this  sub- 
division of  this  Article,  any  person  knowingly  personates  any 
voter,  or  votes  in  the  name  of  any  other  person,  whether  living, 
dead  or  fictitious,  or  votes  more  than  once  at  the  same  election 
for  any  candidate  for  the  same  office,  or  votes  without  having  a 


169 


lawful  riglit  to  vote,  or  uulawfullj  prevents  any  qualified  voter 
from  freely  exercising  his  right  to  vote,  or  interferes  in  any 
manner  with  any  judge  or  clerk  of  such  election  in  the  discharge 
of  his  duties,  he  shall  be  guilty  of  a  misdemeanor,  and 
punished,  upon  conviction,  by  a  fine  t>i  not  more  than  one 
hundred  dollars,  or  by  imprisonment  for  not  more  than  thirty 
days. 

423.  If  any  judge  or  clerk  of  election  shall  fraudulently 
make  any  false  certificate  of  the  result  of  such  election,  or 
withhold,  conceal  or  destroy  any  such  certificate  of  any  election 
returns,  tally  lists  or  poll  book,  or  take  unlawfully  from  the 
custody  of  the  judges  of  election,  or  destroy  any  ballot-box, 
or  withdraw  therefrom  illegally  any  ballot  or  ballots  which 
have  been  deposited  therein,  or  attempt  or  commit  any  violence 
against  any  person  having  lawful  charge  of  the  same,  or  against 
any  judge  or  clerk  of  election  in  the  discharge  of  his  duty  as 
such,  he  shall  be  guilty  of  a  misdemeanor,  and  punished,  upon 
conviction,  by  a  fine  of  not  more  than  one  hundred  dollars,  or 
by  imprisonment  of  not  more  than  thirty  days. 

424.  A  substantial  compliance  with  the  requirements  of 
this  sub-division  of  this  Article  is  all  that  shall  be  required  to 
be  proven  in  the  prosecution  of  any  person  violating  the  pro- 
vision of  the  preceding  sections. 

425.  No  expense  shall  be  incurred  by  the  City  of  Baltimore 
in  the  conduct  of  any  election  held  under  the  provisions  of 
this  sub-division  of  this  Article. 


EXAMINING     ENGINEERS. 

426.  The  Governor  shall  biennially  appoint,  in  and  for 
the  City  of  Baltimore,  two  engineers  who  have  had  not  less 
than  ten  years'  practical  experience  in  running  steam  engines, 
boilers  and  appliances  pertaining  to  stationary  or  portable 
engines,  and  who  have  been  residents  of  this  State  for  not  less 
than  five  years  next  preceding  the  date  of  their  appointment, 
who  shall  constitute  and  be  known  as  the  "Board  of  Examin- 
ing Engineers."  The  parties  so  appointed,  before  entering  on 
their  duties,  shall  make  oath  before  a  Justice  of  the  Peace  that 
they  will  faithfully  perform  the  duties  of  their  oflice  without 
fear,  partialit}^  or  favor ;  and  that  they  will  not,  during  their 
term  of  oflice,  accept  any  money,  gift,  gratuity  or  consideration 


170 


from  any  person,  and  shall  give  bond  to  be  approved  by  the 
Comptroller  of  the  State,  in  the  sum  of  three  thousand  dollars 
each,  for  the  faithful  discharge  of  their  duties ;  and  before 
entering  on  said  discharge  of  their  said  duties,  the  said 
inspectors  shall  provide  themselves  with  an  office  in  a  proper 
location  in  the  City  of  Baltimore,  and  shall  give  notice  by 
publication  for  at  least  five  days  through  the  two  daily 
papers  having  the  largest  circulation  in  said  City,  of  the  time 
and  manner  in  which  they  will  make  the  examinations  herein- 
after provided  for. 

427.  The  said  board  shall  have  general  supervision  of  all 
stationary  engineers  within  the  City  of  Baltimore ;  it  shall  be 
their  duty  to  examine  all  engineers  of  the  age  of  twenty-one 
years  or  upw^ard,  who  shall  apply  to  them  for  examination ;  and 
to  give  to  all  parties  so  examined  a  certificate  of  proficiency,  if 
found  proficient,  and  to  refuse  to  give  such  certificate  if  not 
found  proficient ;  and  the  parties  so  receiving  such  certificate 
shall  pay  to  said  board  the  sum  of  three  dollars  for  each  certifi- 
cate so  issued,  and  for  all  renewals  of  all  grades  the  sum  of  one 
dollar  and  fifty  cents  ;  said  certificates  shall  be  of  three  grades ; 
a  certificate  of  the  first  grade  will  permit  the  holder  thereof  to 
take  charge  of  any  plant  of  machinery  from  one  to  five  hun- 
dred horse-power,  and  the  third  grade  to  take  charge  of  any 
plant  of  machinery  from  one  to  thirty  horse-power ;  and  the 
said  certificate  shall  run  for  the  term  of  one  year,  and  shall  be 
renewed  annually,  the  term  of  beginning  of  said  certificate  to 
be  from  the  date  of  the  examination  of  the  respective  applicant ; 
provided,  that  no  engineer  having  such  certificate  shall  have 
charge  of  more  than  one  plant  of  machinery  at  the  same  time 
unless  said  plant  be  of  the  same  company  and  at  one  and  the 
same  place ;  and  no  substitute  who  has  not  been  examined  and 
received  the  certificate  aforesaid  shall  be  placed  in  charge  of 
machinery  by  an  engineer  who  has. 

428.  All  persons  of  twenty-one  years  of  age  or  upward  who, 
after  the  adoption  of  this  Article,  shall  desire  to  fill  a  position 
as  a  statiouar}^  engineer,  must  make  application  to  the  "Board 
of  Examining  Engineers"  for  examination  and  certificate  of 
proficiency,  before  he  can  pursue  his  avocation  as  such  engi- 
neer ;  lyrovided,  that  any  engineer  emploj'ed  as  stationary 
engineer  at  the  works  of  any  steam  railwa}',  or  any  engineer 
employed  as  such  with  any  stationary  engine,  who  at  the  time 
of  the  adoption  of  this  Article  shall  have  been  employed  at  the 


171 

same  place  for  the  term  of  six  months  or  more,  shall  not  be 
required  to  apply  for  such  examination  and  certificate ;  but 
whenever  snch  engineers  shall  remove  from  the  place  where  so 
employed  they  shall  be,  and  are  hereby  required  to  make  appli- 
cation for  examination  and  certificate  to  said  Board  of  Exam- 
ining Engineers  as  hereinbefore  provided  ;  and providediuvihev, 
that  the  provisions  of  this  section  shall  not  apply  to  persons 
running  engines  and  boilers  in  sparsely  settled  country  places, 
where  not  more  than  twenty  persons  are  engaged  in  work  about 
such  engines  and  boilers,  nor  to  engineers  running  country 
saw  and  grist  mills,  threshing  machines  and  other  machinery 
of  a  similar  character,  nor  to  marine  engineers  engaged  in 
steamboats,  ships  and  other  vessels  run  by  steam,  nor  to  those 
engaged  as  locomotive  engineers  of  any  steam  railway  com- 
pany. And  in  the  event  of  any  charge  being  made  to  said 
board,  of  any  engineer  who  may  hold  a  certificate  from  them, 
of  being  intoxicated,  while  in  charge  of  an  engine  or  boiler,  or 
of  the  neglect  of  duty  on  the  part  of  such  engineer  or  engineers, 
it  shall  be  the  duty  of  said  board  to  immediately  hear  such 
charge,  and  if  sustained,  annul  such  certificate.  The  certificate 
granted  to  the  respective  applicants  must  be  framed  and  kept 
in  a  conspicuous  place  at  such  place  as  such  person  may  be 
respectively  at  work.  Any  person  violating  the  provisions  of 
this  sub-division  of  this  Article  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  trial  and  conviction  before  a  Justice 
of  the  Peace,  shall  be  fined  not  less  than  twenty-five  dollars 
nor  more  than  fifty  dollars,  one-half  of  which  shall  be  paid 
the  informer  and  the  balance  to  the  State. 

429.  Said  Board  of  Examining  Engineers  shall  meet  at 
their  ofiice  in  the  City  of  Baltimore  for  the  purpose  of  exam- 
ining applicants  at  least  once  in  every  week,  and  at  a  specified 
hour  and  day,  and  shall  sit  until  all  applicants  shall  be 
examined,  and  in  the  event  of  inability  to  examine  all  the 
applicants  on  the  regular  day  of  meeting,  they  shall  continue 
their  sessions  for  each  successive  day  until  the  same  shall  be 
completed.  They  shall  visit  and  inspect  the  running  and 
management  of  all  steam  plants  wherein  the  engineers  are 
required  to  be  examined  as  hereinbefore  provided,  not  less  than 
once  every  six  months,  and  in  the  event  of  their  finding  on  such 
examination  that  the  engineer  or  engineers  in  charge  of  such 
plant  or  machinery  are  not  running  and  managing  the  same 
with  proper  skill  and  care,  they  shall  report  the  same  to  the 
State  Board  of  Boiler  Inspectors  for  their  action ;  and   said 


172 

Board  of  Examining  Engineers  are  hereby  invested  with  power 
and  aiithority  to  enter  all  such  premises  and  make  the 
examination  herein  provided  for ;  and  any  owner  of  any  such 
premises  who  shall  refuse  to  allow  them  to  enter  and  make 
such  examination  shall  be  deemed  guilty  of  a  misdemeanor 
and  be  punishable  upon  trial  and  conviction,  as  provided  in  the 
preceding  section. 

430.  The  said  Board  of  Examining  Engineers  shall  receive 
an  annual  salary  of  fifteen  hundred  dollars  each,  and  shall  have 
power  to  employ  a  clerk  or  secretary  at  a  salary  not  exceeding 
the  sum  of  one  thousand  dollars  per  annum,  and  such  expense 
shall  be  allowed  said  board  as  shall  be  incurred  in  traveling 
expense,  office  rent,  stationery  and  printing,  and  for  which  they 
shall  produce  to  the  Comptroller  of  the  State  Treasury,  proper 
vouchers ;  j^^'ovided,  however,  that  no  appropriation  shall  be 
made  and  no  moneys  paid  by  the  State  Treasurer  to  said  board 
for  or  on  account  of  said  salaries  and  expenses,  but  that  the 
same  shall  be  paid  to  them  by  and  from  the  fees  received  for 
the  examination  and  certificates  hereinbefore  provided  for  ;  and 
provided  further,  that  the  said  board  shall  keep  a  strict  account 
of  all  fees  received  for  such  purposes,  and  quarterly,  under 
oath  or  affirmation,  return  such  statement  to  the  Comptroller 
of  the  State  Treasury ;  and  whenever  the  amount  is  in  excess 
of  the  salaries  and  expenses  hereinbefore  provided  for  they 
shall  forward  such  excess  to  said  Comptroller,  and  they  shall 
keep  a  certificate  book  with  the  certificates  therein  duly  num- 
bered and  of  which  to  each  certificate  there  is  a  corresponding 
stub  to  be  filled  in  to  correspond  in  all  respects  to  the  certificate 
issued,  and  subject  to  the  inspection  of  the  Comptroller,  when 
he  may  deem  the  same  necessary. 


FEREIES. 

431.  The  Broadway  and  Locust  Point  Steam  Ferry  Com- 
pany of  Maryland  is  created  to  establish  a  steam  ferry,  suit- 
able to  transport  passengers,  goods,  wagons,  carriages,  live-stock 
or  any  other  transportable  article,  across,  over  and  within  the 
harbor  of  Baltimore ;  and  the  said  corporation  is  made  capable 
of  erecting  wharves,  buildings,  or  any  other  contrivances 
necessary  or  convenient  for  the  conduct  of  the  business  of  the 
ferry,  for  which  purpose  the  said  corporation  is  authorized  to 
purchase,  hold,  sell,  rent  or  lease  land.  And  the  said  Company 
is  authorized  and  empowered  to  hold  and  use  as  a  wharf  or 


173 


landing,  for  the  use  of  said  ferry,  the  end  of  the  ^\llarf 
commonly  known  as  the  County  wharf,  together  with  a  right 
of  way  in  common  with  others,  through  the  centre  of  said 
wharf,  of  the  width  of  ten  feet,  as  a  thoroughfare  for  travel  to 
and  from  the  end  of  said  wharf ;  and  all  the  remainder  of  the 
border  sides  and  surface  of  the  said  wharf,  except  the  end  and 
right  of  way  granted,  is  reserved  exclusively  for  the  landing  of 
such  fruits,  vegetables  and  other  agricultural  products  as  may 
be  brought  from  the  counties  to  the  City  of  Baltimore,  for  sale 
or  otherwise. 

432.  The  said  corporation  is  authorized  and  empowered  to 
occupy  and  use  the  wharf  at  the  foot  of  Haubert  street,  in  the 
City  of  Baltimore,  as  a  wharf  or  landing  place  for  the  ferry 
boats  of  said  comj^any,  in  exclusion  of  all  other  steam  ferry 
boats  plying  in  the  harbor  of  said  City. 

433.  It  shall  not  be  lawful  for  any  steam  ferry  boat,  other 
than  one  of  those  belonging  to  the  said  Broadway  and  Locust 
Point  Steam  Ferry  Company  of  Maryland,  to  land  at  or  use 
either  of  the  sides  or  the  end  of  said  wharf  at  the  foot  of 
Haubert  street,  nor  the  end  or  either  of  the  sides  of  the  wharf 
at  the  foot  of  Broadway,  mentioned  in  section  431  of  this 
Article;  and  any  and  every  person  in  charge,  control  or 
command  of  any  steam  ferry  company,  other  than  a  boat 
belonging  to  the  said  company,  who  shall  use  or  attempt  to 
use  the  ends  or  either  of  the  sides  or  any  part  of  the  wharves 
mentioned,  for  a  landing  place  or  wharf  for  the  steam  ferry 
boat  so  in  his  charge,  control  or  command,  shall  each  be 
subject  to,  and  shall  pay  a  fine  of  twenty-five  dollars  for  each 
and  every  time  the  said  steam  ferry  boat  so  in  his  charge, 
control  or  command  of  such  person  shall  touch  at  either  of  the 
wharves  aforesaid,  which  fines  shall  be  enforceable  and  collec- 
tible according  to  law. 

434.  The  said  company  is  authorized  to  erect  gates  and 
ticket  houses  on  the  wharves  at  the  foot  of  Broadway  and 
Haubert  street  in  said  City  of  Baltimore. 

435.  The  said  corporation  shall  keep  and  run  on  their  ferry 
routes  two  good  and  substantial  steam  ferry  boats,  staunch 
and  seaworthy,  and  supplied  according  to  the  law  in  such  cases 
made  and  provided ;  and  the  said  corporation  shall  so  manage 


174 


the  said  ferry  as  that  one  of  their  ferry  boats  shall  leave  each 
end  of  said  ferry  at  least  every  ten  minutes,  between  the  hours 
of  six  o'clock  A.  M.  and  eight  o'clock  P.  M.,  and  at  intervals 
of  twenty -five  minutes  between  the  hours  of  eight  o'clock  P.  M. 
and  twelve  o'clock  midnight. 

436.  The  said  corporation  shall  not  charge  any  greater 
sums  than  are  contained  in  the  following  scale  of  prices,  to 
wit :  For  one  jDassenger,  five  cents  ;  for  one  horse,  mule  or 
ass,  and  rider  or  driver,  ten  cents ;  for  one  cow  and  driver,  ten 
cents ;  for  every  swine,  three  cents ;  for  every  sheep,  two  cents  ; 
for  every  calf,  two  cents  ;  for  every  heifer,  three  cents ;  for  one 
horse,  cart  and  driver,  fifteen  cents ;  for  two  horses,  cart  and 
driver,  eighteen  cents ;  for  one  horse,  wagon  and  driver,  fifteen 
cents ;  for  two  horses,  wagon  and  driver,  eighteen  cents ;  for 
every  additional  horse  to  those  above  enumerated,  harnessed 
to  a  wagon  or  cart,  three  cents ;  for  every  two-seated  carriage 
and  two  horses,  fifteen  cents ;  for  every  four-seated  carriage  and 
one  horse,  twelve  cents ;  for  every  four-seated  carriage  and  two 
horses,  twenty  cents  ;  for  every  additional  horse  to  those  above 
•enumerated,  harnessed  to  a  carriage,  five  cents  ;  for  one  lumber 
wagon  and  one  horse  or  two  horses,  twenty-five  cents. 

437.  Firemen  in  actual  discharge  of  their  duties,  together 
with  their  apparatus,  accoutrements  and  horses,  police  officers 
in  the  actual  discharge  of  their  duties,  and  all  funerals,  shall 
pass  free. 

FIKES   AJSTD    FORFEITURES. 

438.  One-half  of  all  fines  adjudged  by  and  accruing  in  the 
Criminal  Court  of  Baltimore,  when  secured  by  the  Sheriff  of 
Baltimore  City,  shall  be  paid  to  the  Mayor  and  City  Council 
of  Baltimore,  and  out  of  said  fines  the  judge  of  said  court  may 
order  and  direct  to  be  paid  to  the  State's  Attorney  of  said  City 
such  additional  fees  in  cases  of  extraordinary  duration  and 
trouble,  as  he  may  deem  just  and  reasonable,  but  this  section 
shall  not  have  any  effect  upon  the  rights  of  informers. 

439.  The  sheriff  of  Baltimore  City  shall,  on  or  before  the 
first  day  of  December  in  each  year,  divide  equally  all  fines 
imposed  by  the  Criminal  Court  of  Baltimore  City  on  persons 
convicted  for  keeping  houses  of  ill-fame,  among  such  incor- 
porated dispensaries  of  said  City  as  shall  comply  with  the 
provisions  of  the  succeeding  section. 


175 

440.  Such  fines  shall  be  divided  equally  among  tliose 
incorporated  dispensaries  which  shall,  within  ten  days  after 
the  tenth  day  of  November  in  each  year,  file  in  the  ofiice  of 
the  Sherift'  of  Baltimore  City  separate  reports,  the  truth  of 
each  of  which  shall  be  sworn  to  by  one  of  the  officers  of  the 
dispensary  filing  the  same,  before  any  officer  of  the  State  of 
Maryland  authorized  l)y  law  to  administer  oaths,  showing  that 
in  the  year  preceding  such  tenth  day  of  November,  the  said 
dispensary  had  under  its  charge  more  than  two  thousand 
separate  persons  as  patients,  and  that  its  said  dispensary  was 
open  for  the  treatment  of  disease  two  hours  daily,  and  for  the 
free  distribution  of  medicine  to  the  poor  six  hours  daily  on 
each  week  day  and  two  continuous  hours  on  each  Sunday  in 
said  year. 

441.  In  case  said  fines  shall  not  be  claimed  by  any  such 
dispensary  in  the  manner  specified  in  the  tw^o  preceding  sec- 
tions, then  said  fines  shall  be  paid  by  the  Sherift'  to  the  Mayor 
and  City  Council  of  Baltimore. 

442.  The  said  Sheriff's  official  bond  shall  be  responsible 
for  the  faithful  payment  of  said  money  as  hereinbefore  pro- 
vided, and  shall  be  liable  for  any  default  in  any  duty  herein 
required  to  be  performed  by  him. 

443.  No  person  shall  hereafter  be  allowed  to  give  security 
for  the  payment  of  any  fine  and  costs  imposed  by  the  Criminal 
Court  of  Baltimore,  but  any  person  who  shall  be  sentenced  by 
the  court  to  the  payment  of  any  fine  and  costs  shall  stand  com- 
mitted until  they  are  paid  ;  2)rovided,  that  if  such  fine  and  costs 
are  less  than  ten  dollars,  the  person  so  sentenced  shall  be  dis- 
charged from  custody  at  the  end  of  thirty  days  from  the  date 
of  their  imposition,  if  no  imprisonment  has  also  been  ordered 
by  the  court,  or  at  the  end  of  thirty  days  from  the  expiration  of 
the  time  for  which  said  person  shall  have  been  ordered  to  be 
imprisoned,  upon  sufficient  proof  shown  to  the  court  that  the 
person  imprisoned  is  unable  to  pay  the  said  fine  and  costs  ; 
and  provided  also,  that  if  the  said  fine  and  costs  are  more 
than  ten  and  less  than  fifty  dollars,  the  person  so  imprisoned 
shall  be  discharged  from  custody  at  the  end  of  sixty  days 
from  the  imposition  thereof,  if  no  imprisonment  be  ordered 
by  the  court,  or  at  the  end  of  sixty  days  from  and  after  the 
•expiration  of  the  time  for  w^hich  said  person  has  been  ordered 


176 


to  be  imprisoned,  on  proof  shown  of  his  inability  to  pay  said 
fine  and  costs ;  and  provided  also,  that  if  the  said  fine  and 
costs  exceed  the  sum  of  fifty  dollars,  the  person  so  imprisoned 
shall  be  discharged  from  custody  at  the  end  of  six  months 
from  the  imposition  thereof,  or  from  the  expiration  of  the 
term  for  which  he  was  ordered  to  be  imprisoned,  on  proof 
shown  of  his  inability  to  pay. 

444.  When  any  fine  or  penalty  is  imposed  by  any  Act  of 
Assembly  of  this  State,  or  by  any  ordinance  of  any  incorpo- 
rated city  or  town  in  this  State,  enacted  in  pursuance  of  suffi- 
cient authority,  for  the  doing  of  any  act  forbidden  to  be  done 
by  such  Act  of  Assembly  or  ordinance,  or  for  omitting  to  do 
any  act  required  to  be  done  by  such  Act  of  Assembly  or  ordi- 
nance, the  doing  of  such  act,  or  the  omission  to  do  such  act, 
shall  be  deemed  to  be  a  criminal  ofi'ence;  such  offence,  in  the 
City  of  Baltimore,  shall  be  prosecuted  by  the  arrest  of  the 
ofiender  for  such  ofi'ence,  and  by  holding  him  to  appear  in  or 
committing  him  for  trial  in  the  Criminal  Court  of  Baltimore, 
at  the  Saturday  sessions  of  said  court,  which  said  court  shall 
haye  jurisdiction  in  the  said  cases,  and  shall  proceed  to  try  or 
dispose  of  the  same  in  the  same  manner  as  other  criminal 
cases  triable  at  the  Saturday  sessions  of  said  court  may  be 
tried  or  proceeded  with,  or  disposed  of,  or  such  ofi'ence  may 
be  prosecuted  by  indictment  in  such  court;  such  offences  in 
any  county  of  this  State  shall  be  prosecuted  by  the  arrest  of 
the  offender  for  such  oflence,  and  by  holding  him  to  bail  to 
appear  in  or  committing  him  for  trial  in  the  Circuit  Court  for 
the  county  in  which  such  ofi'ence  was  committed,  or  by  indict- 
ment  in  the  Circuit  Court  for  such  county  for  such  offence. 
If  any  person  shall  be  adjudged  guilty  of  any  such  offence 
by  any  court  having  jurisdiction  in  the  premises,  he  shall  be 
sentenced  to  the  fine  or  penalty  prescribed  by  such  Act  of 
Assembly  or  ordinance,  and  to  the  costs  of  his  prosecution, 
and  in  default  of  payment  thereof  he  shall  be  committed  to 
jail  until  thence  discharged  by  due  course  of  law ;  any  indict- 
ment for  the  violation  of  any  ordinance  of  any  incorporated 
City  or  town  of  this  State  may  conclude  "against  the  form  of 
the  ordinance  in  such  case  made  and  pro's-ided,  and  against 
the  peace,  government  and  dignity  of  the  State." 

FIEE. 

Fire  Department. 

445.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
directed  to  appropriate  annually  such  sums  of  money  as  shall 


177 

be  sufficient  to  pay  tlie  pensions  of  such  members  of  the  Fire 
DejDartment  as  shall  heretofore  have  been  put  upon  said  pen- 
sion roll,  and  as  shall  thereafter  be  put  upon  said  pension  roll, 
in  accordance  with  the  provisions  of  this  Article ;  and  also  to 
appropriate  such  sums  of  money  as  may  be  siifficient  to  allbrd 
relief  to  the  widows  and  children  of  firemen  killed  in  the  dis- 
charge of  duty. 

446.  Any  person  who  shall  wilfully  destroy  or  injure  any 
engine,  hose,  reel  or  other  apparatus  whatever  for  the  extin- 
guishment of  fires,  belonging  to  any  company  in  the  City  of 
Baltimore,  or  to  the  said  City,  shall  be  guilty  of  felony,  and 
upon  conviction  thereof  shall  be  sentenced  to  confinement  in 
the  penitentiary  for  a  jDeriod  not  less  than  two  nor  more  than 
five  years, 

447.  Any  person  who  shall  assault,  beat  or  otherwise  inten- 
tionally hurt  or  injure  any  fireman  of  the  City  of  Baltimore, 
whilst  in  the  discharge  of  his  duties  as  fireman  (except  in 
self-defence),  shall,  upon  conviction  thereof,  be  sentenced  to 
imprisonment  in  Baltimore  City  Jail  for  a  period  not  less  than 
one  month,  and  the  payment  of  a  fuie  of  not  less  than  ten  nor 
more  than  one  hundred  dollars. 

448.  The  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  and  empowered  to  appropriate  annually  the  sum  of 
one  thousand  dollars,  to  pay  for  the  use  of  a  suitable  building 
to  be  occuj^ied  by  the  members  of  the  veteran  volunteer  fire- 
men's association  of  Baltimore  City. 

Illuminating  Oils  and  Fluids. 

449.  All  oils  or  fluids  manufactured  from  petroleum  or  its 
products,  used  for  illuminating  purposes  in  this  State,  which 
shall  be  manufactured  or  kept  for  sale  therein,  shall  be  required 
to  stand  a  fire  test  of  one  hundred  and  ten  degrees  Fahrenheit 
before  it  shall  burn,  to  be  ascertained  by  Tagliabue's  coal  oil 
tester,  or  some  other  instrument  constructed  upon  the  same 
principle. 

450.  Every  person  manufacturing  or  selling  illuminating 
oils  or  fluids,  manufactured  from  petroleum  or  its  products,  by 
the  barrel,  shall  be  required  to  have  stamped  upon  the  head  of 

12 


178 


the  barrel  the  name  of  the  manufacturer  thereof  and  his  place 
of  business,  together  with  the  words  "  warranted  to  stand  a  fire 
test  of  one  hundred  and  ten  degrees  Fahrenheit  before  it  shall 
burn." 

451.  Whoever  manufactures  for  illuminating  purposes,  or 
sells  in  quantities  not  less  than  a  barrel,  oils  or  fluids  made 
from  petroleum  or  its  products,  which  does  not  sustain  the  fire 
test  as  provided  in  section  449,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  thereof,  shall  be  fined  not  more 
than  one  thousand  dollars,  or  imprisoned  in  the  jail  or  peni- 
tentiary not  more  than  two  years,  in  the  discretion  of  the  court. 
Whoever  sells  in  quantities  less  than  a  barrel,  for  illuminating 
purposes,  oils  or  fluids  made  from  petroleum  or  its  products, 
which  does  not  sustain  the  fire  test  provided  for  in  section  449, 
shall  forfeit  said  oil,  and  be  fined  not  less  than  five  nor  more 
than  twenty  dollars ;  said  fine  to  be  collected  as  other  fines  are 
now  collected,  one-half  to  go  to  the  informer,  the  other  to  be 
paid  into  ihe  treasury  of  the  State. 

452.  Any  purchaser  of  oils  or  fluids  made  of  petroleum  or 
its  products,  for  illuminating  purposes,  bearing  the  stamp 
required  in  section  450,  and  which  does  not  stand  the  fire  test 
required  in  section  449,  may  recover  from  the  seller  in  an 
action  for  debt  an  amount  equal  to  double  the  purchase  money 
of  said  oil, 

453.  Any  accident  by  reason  of  explosion,  occurring  with 
any  oil  or  fluid  manufactured  from  petroleum  or  its  products, 
shall  subject  the  seller  thereof  to  prosecution  for  a  misde- 
meanor, and  upon  conviction  thereof  in  a  court  of  competent 
jurisdiction,  to  a  fine  not  exceeding  one  thousand  dollars,  nor 
less  than  five  hundred  dollars ;  one-half  of  said  fine  to  be  paid 
to  the  informer  and  the  other  half  to  the  State. 

454.  In  case  of  seizure  or  confiscation  of  oils  or  fluids 
manufactured  from  petroleum  or  its  products,  as  provided  in 
section  451,  the  party  who  has  sold  such  oils  or  fluids  shall 
have  the  privilege  of  referring  the  same  to  some  commissioned 
inspector  recognized  by  the  oil  trade  of  Baltimore,  whose 
decisions  shall  be  prima  facie  evidence  of  the  quality  of  said 
oil  or  fluid. 


179 


455.  If  anj  inspector  of  oils  shall  be  convicted  in  a  court 
of  competent  jurisdiction  of  furnishing  a  false  report  of  the 
fire-test  of  any  oil  submitted  to  his  inspection,  he  shall  be 
liable  to  a  fine  of  not  less  than  five  hundred  dollars  nor  more 
than  two  thousand  dollars,  at  the  discretion  of  the  court ;  said 
fine  to  be  paid  into  the  treasury  of  the  State. 

456.  The  provisions  of  the  seven  preceding  sections  shall 
not  apply  to  oils  or  fluids  manufactured  from  petroleum  or  its 
products  for  the  purpose  of  exjaortation  or  for  use  in  street 
lamps. 

FISH. 

457.  No  person  shall  expose  for  sale,  or  have  in  his  posses- 
sion, offering  for  sale,  any  striped  bass  or  rock  weighing  less 
than  one-half  pound  each,  or  any  white  perch  weighing  less 
than  one -quarter  of  a  pound  each ;  any  person  violating  any 
of  the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  by  a  court  of  competent 
jurisdiction  shall  be  fined  not  more  than  twenty  dollars  or 
be  confined  in  jail  not  more  than  thirty  days,  or  both,  in  the 
judgment  of  the  court. 

GAS  COMPANIES. 

458.  No  gas  companies  shall  be  formed  in  Baltimore  City, 
Baltimore  County  or  in  Anne  Arundel  County,  except  in  the 
City  of  Annapolis. 

459.  No  gas  companies  chartered  in  any  other  counties  of 
the  State  shall  have  the  right  to  lay  mains  or  sell  gas  in  Balti- 
more City,  Baltimore  County  or  Anne  Arundel  County. 

460.  All  charters  for  gas  companies  which  have  been 
granted  or  issued  under  the  Code  of  Public  General  Laws,  or 
any  other  law,  in  Baltimore  City,  Baltimore  County,  or  Anne 
Arundel  County,  are  repealed,  annulled  and  made  void,  except 
in  cases  where  the  companies  incorporated  by  any  of  such 
charters  have  erected  works  and  commenced  the  manufacture 
of  gas. 

461.  No  corporation  or  person  shall  charge  for  illuminating 
gas  in  Baltimore  City  a  sum  to  exceed  one  dollar  and  twenty- 
five  cents  per  thousand  cubic  feet. 


180 


462.  The  illuminating  gas  furnished  by  any  such  corpora- 
tion or  person  shall  have  an  illuminating  power  not  less  than 
twenty  sperm  candles  of  six  to  the  pound,  and  burning  at  the 
rate  of  one  hundred  and  twenty  grains  of  spermaceti  per  hour, 
tested  at  a  distance  of  not  less  than  one  mile  from  the  place  of 
manufacture  by  a  burner  consuming  five  cubic  feet  of  gas  per 
hour,  and  shall,  as  regards  purity,  comply  with  the  standard 
now  or  hereafter  established  by  law. 

HARBOR,    DOCKS    AKD    WHARA^ES. 

Harhor. 

463.  No  wharf  shall  be  run  out,  made,  altered,  enlarged  or 
extended  so  as  to  divert  the  course  of  the  channel,  obstruct'  the 
harbor  or  basin,  or  to  the  injury  of  the  same ;  and  no  person 
shall  make,  alter  or  extend  any  wharf  without  laying  before 
the  Harbor  Board  a  plan  of  said  wharf,  and  obtaining  the 
consent  of  the  said  Harbor  Board, 

464.  If  any  person  shall  violate  the  provisions  of  the  pre- 
ceding section,  the  Mayor  and  City  Council  of  Baltimore  may 
recover,  by  a  warrant  before  a  Justice  of  the  Peace,  a  sum  not 
exceeding  two  hundred  and  fifty  dollars,  and  may  forthwith 
cause  the  said  wharf  to  be  demolished. 

465.  The  Harbor  Master  of  the  port  of  Baltimore  may 
demand  from  the  captain  or  commander  of  every  foreign 
vessel  coming  into  said  port  for  the  purpose  of  trade  and  com- 
merce, the  sum  of  five  dollars,  as  an  additional  compensation 
for  his  care  and  diligence  in  the  regulation  of  the  harbor  and 
providing  a  proper  station  for  said  vessel. 

466.  He  may,  in  case  of  delay  or  refusal  to  make  such 
payment,  sue  for  and  recover  the  same  before  a  Justice  of  the 
Peace  as  small  debts  are  recovered. 

Docks. 

467.  The  Mayor  and  City  Council  are  vested  with  the  right 
and  title  to  any  land  made  or  to  be  made  bv  them  out  of  the 
water  m  making  and  completing  the  improvements  of  the  City 
dock,  according  to  the  plan  heretofore  adopted  by  them; 
'provided,  that  nothing  contained  in  this  section  shall  be  con- 
strued to  interfere  with  the  vested  rights  of  individuals. 


181 

468.  If  any  vessel  shall  be  lying  in  Smith's  dock,  Frederick 
street  dock  or  any  other  dock  in  said  City,  or  the  entrance 
thereto,  so  as  to  obstruct  any  vessel  which  shall  be  coming  into 
the  same,  or  moving  from  one  place  to  another  therein,  or  going 
out  of  the  same,  the  vessel  so  obstructing  shall  be  removed 
to  such  place  as  shall  be  directed  by  the  Harbor  Master  of  the 
district,  or  any  police  officer  of  Baltimore  City,  to  give  room  to 
the  passing  vessel,  under  the  penalty  of  five  dollars  for  refusal 
so  to  remove,  and  at  the  rate  of  five  dollars  an  hour  for  the 
delay  which  shall  be  occasioned  to  the  passing  vessel,  unless 
in  cases  where  some  unavoidable  casualty  may  make  it  imprac- 
ticable to  remove  said  obstructing  vessel ;  and  if  a  vessel, 
when  moving  to  make  room  for  another,  be  obstructed  by 
any  vessel,  the  master  or  owner  of  such  obstructing  vessel  shall 
forfeit  five  dollars  for  such  obstruction,  and  at  the  rate  of  five 
dollars  per  hour  during  the  continuance  of  such  obstruction,  to 
be  recovered  by  the  master  or  owner  of  the  passing  vessel 
aforesaid ;  provided^  the  said  Harbor  Master  or  j^olice  officer 
shall  have  directed  said  removal ;  but  nothing  herein  contained 
shall  give  to  the  Harbor  Master  or  police  officer  any  control, 
except  in  cases  of  dispute,  when  called  in. 

469.  No  vessel  shall  enter  Smith's  dock  or  any  other 
private  dock  without  first  ascertaining  whether  there  is  a  vacant 
place  at  the  wharf  where  she  can  lie,  under  a  penalty  of  five 
dollars,  to  be  paid  to  the  Harbor  Master  for  the  use  of 
the  City  ;  and  all  vessels  which  shall  be  found  obstructing 
the  passage  of  said  docks  shall  remove,  when  requested  by  the 
Harbor  Master  of  the  district  or  any  police  officer  of  Baltimore 
City,  in  such  manner  as  will  afford  a  free  and  unobstructed 
passage  to  any  passing  vessel,  under  a  j^enalty  of  five  dollars 
for  refusal  to  remove,  and  five  dollars  per  hour  for  each  hour 
they  shall  obstruct  such  passage,  after  due  notice  shall  have 
been  given  to  master,  owner  or  person  in  charge  of  such 
obstructing  vessel,  by  such  Harbor  Master  or  police  officer. 

470.  If  any  vessel  be  lying  at  any  private  Avharf  and  not 
engaged  in  loading  or  unloading,  such  vessel  shall  be  removed 
when  requested  b}'  the  owner  of  such  wharf  or  his  agent ;  and 
if  the  person  in  charge  of  such  vessel  refuses  or  fails  to  remove 
such  vessel,  said  owner  or  his  agent  may  call  upon  the  Harbor 
Master  or  police  officer  to  notify  the  person  in  charge  of  the 
vessel  to  remove,  and  if  the  notice  is  not  complied  with  within 


182 


five  hours  such  person  shall  be  liable  to  a  penalty  of  fifty  dollars^ 
and  a  further  penalty  of  five  dollars  for  each  hour  such  vessel 
shall  remain  after  the  expiration  of  the  five  hours  ;  and  the 
Harbor  Master  shall  collect  for  the  use  of  the  Mayor  and  City 
CouncO  of  Baltimore  the  sum  of  five  dollars,  to  be  paid  by  the 
owner  or  person  in  charge  of  such  vessel,  to  be  recovered  as 
other  small  debts  are  recovered ;  the  term  vessel  in  this  and 
the  two  preceding  sections  shall  include  boats,  scows  and  arks. 

471.  The  penalties  imposed  by  the  three  preceding  sections 
may  be  recovered  as  small  debts  before  any  Justice  of  the 
Peace  for  the  City  of  Baltimore,  from  the  master,  owner  or 
person  in  charge  of  the  obstructing  vessel,  for  the  use  of  the 
master,  owner  or  j)erson  in  charge  of  the  vessel  obstructed ; 
but  such  penalty  shall  not  be  recoverable  where  the  obstruc- 
tion proceeds  from  any  unavoidable  cause. 

Wharjinger  and  Wharves. 

472.  No  person  shall  land  any  wood  or  lumber  on  Pratt 
street  wharf,  between  Light  street  and  Franklin  lane ;  and  the 
Mayor  shall  enforce  the  provisions  of  this  section. 

473.  If  any  person  shall  violate  the  provisions  of  the  pre- 
ceding section  he  shall  be  subject  to  a  fine  of  twenty  dollars, 
one-half  to  the  informer  and  the  other  half  to  the  State. 

474.  The  said  fine  may  be  sued  for  and  recovered  in  the 
name  of  the  State  before  any  Justice  of  the  Peace  for  said 
City,  in  the  same  manner  as  small  debts. 

475.  It  shall  be  the  duty  of  every  Justice  of  the  Peace  for 
said  City  to  make  an  annual  return  to  the  State  Treasurer,  of 
all  fines  imj)osed  under  the  provisions  of  the  aforegoing  sec- 
tion, and  to  receive  and  pay  over  the  same  at  the  time  of 
making  said  return. 

476.  The  Mayor  and  City  Council  may  regulate  by  ordi- 
nance the  time  during  which  any  goods,  wares,  merchandise 
or  other  articles  may  remain  on  any  wharf  belonging  to  the 
City,  or  on  any  of  the  public  wharves  other  than  wharves 
belonging  to  or  rented  by  the  State,  and  that  part  of  Pratt 
street  wharf  reserved  for  the  use  of  the  State,  within  the  said 


183 


City,  or  the  time  which  the  vessels,  boats  or  scows  taking  in 
or  discharging  such  goods,  wares  or  merchandise  shall  remain 
at  said  wharves,  and  may  regulate,  establish  and  collect  for 
the  use  of  the  City  such  wharfage  as  they  may  think  reasona- 
ble, upon  any  goods,  wares,  merchandise  or  other  articles 
handled  at  or  upon  and  shipped  from  any  of  such  wharves. 

■  477.  Any  person  who  shall  charge,  exact  or  receive  more 
than  six  and  a  quarter  cents  upon  each  cord  of  wood  landed 
upon  any  wharf  in  the  said  City  shall,  upon  complaint  and 
conviction  thereof  before  any  Justice  of  the  Peace  for  said 
City,  be  fined  not  less  than  five  nor  more  than  ten  dollars  iu 
each  case ;  one-half  to  the  informer  and  the  other  half  to  the 
State ;  to  be  recovered  as  fines  imposed  by  the  courts  of  this 
State. 

478.  Any  person  carrying  wood  to  Baltimore  for  sale  may 
land  the  same  upon  the  State  wharves  whenever  permitted  to 
do  so  by  any  Tobacco  Inspector  in  the  warehouse  to  which 
the  wharf  is  attached ;  but  such  permission  shall  not  interfere 
with  that  portion  of  the  public  wharves  set  apart  for  the  use 
of  boats  laden  with  tobacco. 

479.  The  person  landing  wood  upon  the  public  wharves 
under  the  preceding  section  shall  pay  the  Tobacco  Inspector 
the  sum  of  six  and  a  quarter  cents  a  cord,  to  be  by  the  said 
inspector  paid  into  the  State  treasury,  and  the  inspector  shall 
be  allowed  twenty  per  cent,  upon  the  money  so  received  and 
paid  into  the  State  treasury. 

HARBOR  BOARD. 

480.  The  Harbor  Board  shall  have  full  control  and  man- 
agement of  the  iceboat  Annapolis,  belonging  jointly  to  the  State 
of  Maryland  and  the  City  of  Baltimore,  subject  to  the  orders 
of  the  Governor  of  the  State,  for  the  use  of  said  boat  for  the 
public  service. 

481.  The  said  Board  is  hereby  authorized  to  appoint,,  in 
conformity  with  the  provisions  of  section  88  of  this  Article,  at 
such  reasonable  rates  of  pay  as  it  may  determine,  and  at  its 
pleasure  to  discharge,  such  oflicers  and  crew  as  may  in  its 
judgment  be  deemed  necessary  for  the  proper  operation  and 
maintenance  of  said  boat  at  all  times. 


184 

482.  The  said  Board  shall  employ  the  said  boat,  primarily, 
for  the  purpose  of  preventing  obstruction  by  ice  to  the  naviga- 
tion of  Baltimore  harbor,  and  the  ship  channels  leading  thereto, 
and  for  the  relief  of  vessels  in  distress,  bound  to  or  from  the 
port  of  Baltimore. 

483.  The  Board  is  further  authorized  to  use  the  said  boat 
(or  at  its  discretion  the  ice  boat  Latrobe)  in  the  relief  from 
obstruction  by  ice  of  any  of  the  harbors  or  channels  of  the 
Chesapeake  bay  or  its  tributaries,  when  such  service  can  be 
rendered  vi^ithout  detriment  to  the  commerce  of  the  port  of 
Baltimore,  and  for  any  other  service  which  the  said  Board  may 
deem  advantageous  to  commerce  and  the  public  interest ;  the 
Board  may  charge  such  reasonable  rates  for  towage,  or  relief 
of  vessels,  as  it  may  deem  proper,  having  in  view  the  public 
and  private  interests  and  facilities  of  commerce,  and  the  sum 
received  for  same  shall  be  applied  to  the  expense  of  the  boat. 

484.  The  annual  expenses  of  maintaining  and  operating 
said  iceboat  shall  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore. 

485.  The  said  Board  shall  in  its  annual  report  to  the  Mayor 
and  City  Council  of  Baltimore  embody  statements  of  the 
operations  of,  and  the  receipts  and  disbursements  for  the  said 
iceboat,  and  shall  send  copies  of  the  same  to  the  .Governor  and 
Comptroller  of  the  Treasury  of  the  State. 

HEALTH. 

Nuisances. 

486.  Whenever  any  nuisance  dangerous  to  the  health  of  the 
City  shall  exist  in  any  street,  lane  or  alley  of  the  Cit}^  and  it 
shall  be  found  necessary,  in  order  to  the  removal  of  the  same, 
to  have  such  street,  lane  or  alley  paved,  the  said  City  may 
order  the  same  to  be  paved,  and  may  recover  the  amount 
exjjended  in  paving  the  same,  and  the  expenses  of  collection 
from  the  owner  of  the  property  fronting  thereon,  in  proportion 
to  the  amount  expended  in  front  of  said  property,  by  suit 
against  the  owner. 

487.  The  said  owner  may  in  such  action  defend  himself 
against  any  such  claim  for  expenses  of  paving  and  the  coUec- 


185 

tion  thereof  by  proof  that  no  such  nuisances  existed,  or  that 
the  paving  of  the  said  street,  lane  or  alley  was  not  necessary 
to  the  removal  or  abatement  thereof,  or  that  such  nuisance 
was  caused  by  an  act  or  ordinance  of  said  City,  or  its  officers 
in  the  execution  of  their  duty. 

488.  The  expenses  of  such  paving,  and  the  expenses  inci- 
dent to  the  collection  thereof,  shall  be  a  lien  upon  the  property 
chargeable  therewith  ;  and  when  the  right  of  the  City  to  recover 
the  same  has  Ijeen  determined,  the  City  may  levy  such  expenses 
upon  said  property. 

489.  If  any  of  the  said  property  shall  be  owned  by  persons 
not  resident  within  the  limits  of  said  City,  then,  after  public 
notice  given  at  least  three  times  a  week  for  three  successive 
weeks  in  two  newspapers  of  the  City,  by  advertisement,  describ- 
ing the  property  chargeable,  the  amount  of  expense  with  which 
it  is  chargeable,  and  if  known,  the  name  of  the  owner  thereof, 
the  City  may  proceed  to  levy  said  expenses  upon  the  interest 
of  such  non-resident  in  said  property,  without  any  previous 
suit  to  determine  their  right  to  the  same. 

490.  Such  non-resident  may,  at  any  time  within  three 
months  after  said  expenses  have  been  levied  and  collected, 
institute  an  action  against  the  City  for  the  recovery  of  the 
same ;  and  if  it  shall  appear  in  such  action  that  public  notice 
was  not  given  as  hereinbefore  directed,  or  that  no  such  nuisance 
existed,  or  that  the  paving  of  said  street,  lane  or  alley  was  not 
necessary  to  the  removal  or  abatement  thereof,  or  that  the 
same  was  caused  by  an  act  or  ordinance  of  the  City,  or  by  its 
officers  in  the  execution  of  their  duty,  such  non-resident  shall 
recover  the  expenses  of  paving  and  collection  so  levied  upon 
his  property. 

491.  Whenever  any  nuisance  dangerous  to  the  health  of  the 
City  shall  be  found  upon  any  vacant  lot  within  the  City,  the 
City  may  remove  or  abate  the  same,  and  shall  have  the  same 
remedy  against  the  owner  of  such  lot,  for  the  expenses  of  so 
doing,  as  is  given  in  the  five  preceding  sections  against  the 
owners  of  lots  fronting  on  streets  jDaved,  to  remove  a  nuisance ; 
and  the  owner  of  such  vacant  lot  shall  have  the  same  rights 
and  remedies  therein  given  to  the  owners  of  lots  fronting  on 
streets  so  paved. 


186 

492.  Whenever  the  Commissioner  of  Health  shall  certify 
in  writing  to  the  Mayor  that  it  is  necessary  for  the  health  of 
the  City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low 
or  made  ground,  the  Mayor  shall  proceed  to  act  in  the  manner 
specified  in  this  Article  relating  to  streets. 

Chemical  Laboratories. 

493.  No  person  shall  erect  or  assist  in  erecting  any  chemical 
laboratory  within  the  limits  of  said  City  without  the  consent  of 
the  City,  and  the  City  may  provide  by  ordinance  for  preventing 
the  erection  of  any  such  laboratory,  and  for  removing  or  pre- 
venting the  use  of  any  that  shall  be  erected^ 

Commissioners  of  Pharmacy  and  Practical  Chemistry. 

494.  The  term  or  name  pharmacist  in  the  meaning  and 
scope  of  this  sub-division  of  this  Article  does  mean,  embrace 
and  apply  to  all  persons  engaged  in  vending,  at  retail,  drugs, 
medicines  and  chemicals  for  medicinal  use,  and  in  compound- 
ing and  dispensing  physicians'  prescriptions,  either  as  owners 
of  stores,  as  managing  assistants,  or  as  relief  clerks  in  tempo- 
rary charge  of  stores. 

495.  Any  person  who,  after  the  passage  of  this  Article,  does 
or  shall  vend  at  retail  poisonous  drugs  for  medicinal  use,  or 
compound  or  dispense  physicians'  prescriptions  in  the  City  of 
Baltimore,  without  complying  with  the  requirements  of  this 
sub-division  of  this  Article,  shall  be  deemed  guilty  of  a  misde- 
meanor, and  be  subject  to  a  penalty  or  fine  of  fifty  dollars 
for  each  and  every  week  ho  shall  continue  to  vend,  at  retail, 
poisonous  drugs  for  medicinal  use,  or  compound  or  dispense 
physicians'  prescriptions  in  violation  of  this  sub-division  of 
this  Article ;  said  penalty  or  fine  to  be  sued  for  in  the  name  of 
the  State  of  Maryland  before  a  Justice  of  the  Peace,  as  small 
debts  are  now  recoverable ;  said  penalty  or  fine  to  go  to  the 
Maryland  Board  of  Pharmacy,  appointed  under  this  sub- 
division of  this  Article,  to  be  used  as  a  fund  for  carrying  out 
the  provisions  of  this  sub-di\asion  of  this  Article ;  and  it  shall 
be  the  duty  of  the  State's  Attorney  of  the  City  of  Baltimore,  at 
the  request  of  said  Board  of  Pharmacy,  to  prosecute  any  person 
who  shall  have  violated  any  requirement  of  this  sub-division  of 
this  Article ;  provided,  that  nothing  in  this  sub-division  of  this 
Article  shall  be  so  construed  as  to  prevent  any  practicing 
physician  from  supplying  medicines  in  connection  with  pro- 


187 


fessional  practice,  nor  to  restrict  the  sale  at  retail  of  patent 
and  proprietary  medicines  anjd  compounds  prepared  and  com- 
pounded for  medicinal  use,  by  wholesale  dealers  in  drugs  and 
medicines,  when  sold  in  the  original  package,  box  or  bottle ; 
and  no  penalty  shall  hereafter  be  enforced  against  any  person 
for  the  sale  of  patent  or  proprietary  medicines  or  compounds 
prepared  by  wholesale  dealers  in  drugs  and  medicines  when 
sold  as  aforesaid ;  and  no  penalty  shall  hereafter  be  enforced 
against  any  person  for  the  sale  of  proprietary  or  patent  medi- 
cines or  drugs  other  than  poisonous. 

496.  The  Maryland  College  of  Pharmacy  shall  nominate 
biennially,  of  the  most  skilled  and  competent  pharmacists  of 
the  City  of  Baltimore,  ten  persons,  from  amongst  whom  the 
Governor  shall  appoint  three  commissioners,  whose  duty  it 
shall  be  to  faithfully  and  impartially  execute  or  cause  to  be 
executed  all  the  provisions  and  requirements  of  this  sub-division 
of  this  Article.  They  shall  upon  application,  and  in  such 
manner  and  at  such  place  as  they  may  determine,  examine  each 
and  every  person  who  shall  desire  to  engage  in  vending,  at 
retail,  drugs,  medicines  or  chemicals  for  medicinal  use,  or  in 
compounding  and  dispensing  physicians'  prescriptions  in  the 
City  of  Baltimore,  touching  his  competency  and  qualifications  ; 
and  upon  being  satisfied  that  the  person  so  examined  is  com- 
petent and  qualified  to  vend,  at  retail,  drugs,  medicines  and 
chemicals  for  medicinal  use,  and  compound  and  dispense  phy- 
sicians' prescriptions  safely,  and  without  jeopardy  to  the  health 
and  lives  of  the  people  of  the  City  of  Baltimore,  they  or  any 
two  of  them  shall  grant  such  person  a  certificate  of  competency, 
and  register  him  as  a  pharmacist. 

497.  The  commissioners  appointed  under  this  sub-division 
of  this  Article  shall  be  styled  and  known  as  the  commissioners 
of  Pharmacy  and  Practical  Chemistry,  and  shall  hold  oflice  for 
two  years,  and  thereafter  until  their  successors  have  been 
appointed  and  have  qualified.  Said  commissioners  shall, 
within  thirty  days  after  notification  of  their  appointment,  each 
subscribe  to  an  oath  before  the  Clerk  of  the  Superior  Court  of 
Baltimore  City,  to  impartially  and  faithfully  discharge  the 
duties  prescribed  by  this  sub-division  of  this  Article. 

498.  The  position  of  any  commissioner  appointed  under 
this  sub-division  of  this  Ai-ticle,  who  shall  fail  to  so  qualify 


]88 


within  the  time  and  in  the  manner  named,  shall  be  vacant. 
The  Governor  shall  fill  all  vacancies  occurring  from  amongst 
the  persons  nominated  bj  the  Maryland  College  of  Pharmacy 
under  section  496  of  this  Article. 

499.  Each  and  every  person  before  commencing  to  vend  at 
retail,  drugs,  medicines  or  chemicals  for  medicinal  use,  or  to 
compound  or  dispense  physicians'  prescriptions  in  the  City  of 
Baltimore,  as  managing  owner  of  a  store,  or  as  managing 
assistant  of  a  store,  or  as  relief  clerk  temporarily  in  charge  of 
a  store,  shall  register  as  a  pharmacist  under  the  provisions  of 
this  sub-division  of  this  Article. 

500.  Every  person  who  shall  at  the  time  that  this  Article 
goes  into  effect  be  engaged  in  vending,  at  retail,  drugs,  medi- 
cines, and  chemicals  for  medicinal  use  and  compounding,  and 
dispensing  physicians'  prescriptions  in  the  City  of  Baltimore, 
and  registered  as  a  pharmacist  under  an  Act,  entitled  "An  Act 
to  prevent  incompetent  persons  from  conducting  business  as 
pharmacist,  or  vending,  at  retail,  drugs,  medicines  or  chemicals 
for  medicinal  use  in  the  City  of  Baltimore,"  approved  April  1st, 
1875,  and  amended  by  the  repeal  and  re-enactment  of  sections 
2  and  9,  Chapter  91,  passed  at  January  session,  1876,  shall  be 
deemed  competent  to  register  as  a  xiharmacist  within  the  mean- 
ing of  this  sub-division  of  this  Article.  Every  person  hold- 
ing a  diploma  from  a  regularly  chartered  and  recognized 
college  or  school  of  pharmacy,  based  upon  a  full  apprentice- 
ship of  four  years  as  a  pharmacist,  and  who  presents  satisfac- 
tory evidence  of  these  facts  to  the  said  Commissioners  of 
Pharmacy  and  Practical  Chemistry,  shall  be  deemed  competent 
and  entitled  to  register  as  a  pharmacist. 

501.  Said  Commissioners  of  Pharmacy  and  Practical 
Chemistry  shall  demand  and  receive  from  each  applicant  for 
registration  whom  they  examine  five  dollars  for  each  examina- 
tion, and  shall  likewise  be  entitled  to  demand  and  receive  one 
dollar  from  every  person  whom  they  register  or  re-register, 
■which  money,  so  received  under  the  provisions  of  this  section, 
shall  be  used  and  applied  by  said  Board  to  defray  the  expenses 
accruing  or  arising  under  this  sub-division  of  this  Article.  And 
ever}-  pharmacist,  managing  or  assistant  and  relief  clerk,  in  the 
City  of  Baltimore,  shall  re-register  annually  after  his  first 
registration,  during  the  time  he  shall  continue  in  the  practice  of 


189 


his  profession,  on  sucli  date  as  the  Board  of  Pliarmacj  may 
determine,  and  shall  pay  to  the  said  Board  the  fee  of  one  dallar, 
as  provided  in  this  section,  for  which  he  shall  receive  a  reneAval 
of  said  registration. 

502.  In  case  of  the  death  of  a  registered  pharmacist,  doing 
business  as  such  in  the  City  of  Baltimore,  his  legal  representa- 
tive may  continue  said  business  for  the  benefit  of  the  estate  of 
said  deceased,  under  the  control  and  management  of  a  registered 
pharmacist,  subject  to  all  the  requirements  of  this  sub-division 
of  this  Article. 

503.  No  person  unless  he  be  registered  as  a  pharmacist 
under  this  sub-division  of  this  Article,  or  unless  he  be  an 
apprentice  who  has  had  at  least  two  years'  experience  under  a 
pharmacist,  or  who  has  attended  at  least  one  full  course  of 
lectures  on  pharmacy,  chemistry  and  materia  medica,  shall  be 
permitted  to  compound  and  dispense  prescriptions,  except 
under  the  supervision  of  a  registered  pharmacist ;  any  regis- 
tered pharmacist  violating  this  section  or  permitting  its  viola- 
tion in  any  store  under  his  charge  or  management,  shall  be 
subject  to  a  penalty  or  fine  of  not  more  than  fifty  dollars,  which 
fi.nes  are  to  be  disposed  of  as  provided  in  section  501. 

504.  Any  person  who  shall  mix  with  any  substance  or 
preparation  used  or  intended  to  be  used  as  an  officinal  medi- 
cine any  foreign  or  inert  substance  for  the  purpose  of  adulter- 
ating or  weakening  the  same,  or  shall  knowingly  sell  or  know- 
ingly offer  for  sale  any  officinal  medicines  so  adulterated  or 
deficient  in  standard  strength,  shall  be  deemed  guilty  of  a 
misdemeanor  and  subject  to  a  penalty  or  fine  of  fifty  dollars, 
as  provided  in  the  preceding  section. 

Seats  for  Female  Employees  in  Stores  or  Factories. 

505.  Every  employer  of  females  in  any  mercantile  or  manu- 
facturing establishment  in  the  City  of  Baltimore  must  provide 
and  maintain  suital^le  seats  for  the  use  of  such  employees.  A 
person  is  deemed  not  to  maintain  suitable  seats  for  the  use  of 
female  employees  unless  he  permits  the  use  thereof  by  such 
employees  to  such  extent  as  may  be  reasonable  for  the  preser- 
vation of  health  and  proper  rest;  and  the  question  of  what 
is  thus  reasonable  is  one  for  determination  by  the  jury  or  the 
court  acting  as  a  jury  in  any  prosecution  hereunder. 


190 


506.  Any  violation  of  the  preceding  section  by  any  employer 
shall  be  deemed  a  misdemeanor,  and  shall  be  punishable  by  a 
fine  of  one  hundred  and  fifty  dollars,  to  be  collected  as  other 
fines  are  collected. 

Tenement  and  Lodging  Houses. 

507.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized and  directed  to  enact  ordinances  regulating  the  construc- 
tion, care,  use  and  management  of  tenement  houses,  lodging 
houses  and  cellars  in  the  City  of  Baltimore,  for  the  better 
protection  of  the  lives  and  health  of  the  inmates  dwelling 
therein. 

508.  A  tenement  house  shall  be  taken  to  mean  and  include 
every  house,  building  or  portion  thereof  which  is  rented,  leased, 
let  or  hired  out  to  be  occupied,  or  is  occupied,  as  the  house  or 
residence  of  more  than  three  families  living  independently  of 
another,  and  doing  their  own  cooking  upon  the  premises,  or  by 
more  than  two  families  upon  a  floor  so  living  or  cooking,  but 
having  a  common  right  in  the  halls,  stairways,  yards,  water- 
closets  or  pri\des,  or  some  of  them ;  a  lodging  house  shall  be 
taken  to  mean  and  include  any  house  or  building,  or  portion 
thereof,  in  which  persons  are  harbored  or  received,  or  lodged 
for  hire  for  a  single  night,  or  for  less  than  a  week  at  one  time, 
or  any  part  of  which  is  let  for  any  person  to  sleep  in  for  any 
time  less  than  a  week  ;  a  cellar  shall  be  taken  to  mean  and 
include  every  basement  or  lower  story  of  any  building  or  house 
of  which  one-half  or  more  of  the  height  from  the  floor  to  the 
ceiling  is  below  the  level  of  the  street  adjoining. 

State  Board  of  Com,mlssio7iers  of  Practical  Plumbing. 

509.  It  shall  not  be  lawful  for  any  person,  firm  or  corpora- 
tion engaged  in  the  plumbing  business  in  the  City  of  Balti- 
more to  employ  as  workmen  in  said  business  any  persons, 
except  those  qualified  to  work  at  the  plumbing  business,  as 
provided  in  section  511  of  this  Article  ;  and  no  person  shall  be 
qualified  to  work  at  the  plumbing  business  unless  he  has  made 
application  to  and  received  from  the  State  Board  of  Commis- 
sioners of  Practical  Plumbing  the  certificate  of  competence 
provided  for  in  section  511  of  this  Article,  and  is  otherwise 
qualified,  as  required  by  this  sub-division  of  this  Article.  Any 
person  or  firm  engaged  in  the  plumbing  business  in  the  City 
of  Baltimore,  and  the  superintendent,  manager,  agent  or  other 


191 


officer  of  any  corporation,  engaged  in  the  plumbing  business 
in  the  City  of  Baltimore,  wlio  shall  employ  any  person  to  work 
at  the  plumbing  business  not  tpialified  as  required  by  this  sul)- 
division  of  this  Article  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fifty  dollars  for  every  day  or  part  of  every  day 
that  such  emjjloyer  shall  employ  such  workman. 

510.  If  any  person  shall  work  at  the  plumbing  business 
in  the  City  of  Baltimore  without  being  (qualified  a-s  required 
by  this  sub-division  of  this  Article  he  shall  be  deemed  guilty 
of  a  misdemeanor,  and  upon  conviction  thereof  shall  be  fined 
not  less  than  five  dollars  nor  more  than  fifty  for  every  day  or 
part  of  every  day  that  such  workman  shall  work  at  the  plumb- 
ing business. 

511.  The  Governor  shall  appoint  biennially  five  persons, 
who  shall  constitute  a  board  of  commissioners,  which  shall  be 
known  and  designated  as  "The  State  Board  of  Commissioners 
of  Practical  Plumbing,"  and  who  shall  be  selected  as  follows  : 
Three  persons  who  are  practical  and  skilled  plumbers  from  the 
City  of  Baltimore,  the  Commissioner  of  Health  of  Baltimore 
City,  and  a  member  of  the  State  Board  of  Health,  from  the 
State  at  large,  whose  duty  it  shall  be  to  faithfully  and  impar- 
tially execute,  or  cause  to  be  executed,  all  the  provisions  and 
requirements  of  this  and  the  two  preceding  sections  ;  upon 
application  and  in  such  manner  and  at  such  place  as  they  may 
determine,  provided  said  place  of  examination  shall  be  within 
the  limits  of  the  City  of  Baltimore,  they  shall  examine  each 
and  every  person  who  shall  desire  to  work  at  the  plumbing 
business,  touching  his  competency  and  qualifications ;  and 
upon  being  satisfied  that  the  person  so  examined  is  competent 
and  qualified  to  work  at  said  business,  they,  or  any  three  of 
them,  shall  grant  such  person  a  certificate  of  competency,  and 
register  him  in  their  books  as  a  practical  plumber,  which  shall 
operate  as  full  authority  to  him  to  conduct  and  engage  in  the 
said  business  of  plumbing. 

512.  The  said  Board  of  Commissioners  shall  demand  and 
receive  from  each  applicant  for  a  certificate  of  competency 
whom  they  examine  and  pass  the  sum  of  three  dollars  at  the 
time  of  the  issuance  of  said  certificate,  and  the  sum  of  one 
dollar  for  the  renewal  thereof  each  and  every  year  thereafter, 
on  or  before  the  first  day  of  May. 


192 


513.  The  money  received  under  the  provisions  of  the  fore- 
going section  shall  be  used  and  applied  by  said  Commissioners 
to  defray  their  expenses,  and  all  surplus  over  and  above  their 
necessary  expenses  shall  be  returned  to  the  State  Treasurer 
for  the  use  of  the  State. 

514.  Said  Commissioners  shall  hold  their  several  offices 
for  the  period  of  two  years,  commencing  from  the  first  day  of 
M-Sij  in  the  year  eighteen  hundred  and  eighty-six,-  and  there- 
after until  their  successors  have  been  appointed  and  qualified ; 
each  Commissioner,  within  thirty  days  after  notification  of  his 
appointment,  shall  take  and  subscribe  an  oath  or  affirmation 
before  the  Clerk  of  the  Superior  Court  of  Baltimore  City,  to 
impartially  and  faithfully  discharge  his  duties  as  said  Com- 
missioner ;  every  person  appointed  Commissioner,  who  shall 
refuse  or  neglect  to  take  the  oath  or  affirmation  provided  for 
in  this  section,  within  the  period  named,  shall  be  deemed  to 
have  refused  said  office,  and  the  Governor  shall  immediately 
appoint  some  person  qualified  as  provided  in  section  511  of 
this  Article,  to  fill  the  vacancy  thus  created ;  each  of  said 
Commissioners  shall  receive  the  sum  of  five  dollars  for  every 
day  that  he  shall  be  present  at  a  meeting  of  said  Board,  for 
the  transaction  of  business ;  provided,  however,  that  in  each 
year  he  shall  not  receive  comj)ensation  for  more  than  thirty 
dollars,  and  provided,  also,  that  said  compensation  shall  be  paid 
out  of  the  fees  or  other  sums  received  by  said  Board. 

515.  The  said  Board  of  Commissioners  are  empowered  to 
make  such  rules  and  regulations  from  time  to  time  as  in  their 
judgment  they  may  deem  necessary  and  requisite  ;  and  they 
shall  make  a  report  of  the  condition  of  the  Board  to  the 
Governor  biennially,  on  or  before  the  first  day  of  February, 
with  a  full  statement  of  their  receipts  and  expenditures. 

HOURS   or  LABOR. 

516.  No  mechanic  nor  laborer  employed  by  the  Mayor  and 
City  Council  of  Baltimore,  or  by  any  officer,  agent  or  contrac- 
tor under  it,  shall  be  required  to  work  more  than  nine  hours 
per  day  as  a  day's  labor;  provided,  however,  that  this  section 
shall  not  apply  to  mechanics  and  laborers  whose  hours  of  labor 
are  already  fixed  at  less  than  nine  hours  per  day ;  and  provided, 
further,  that  the  provision  of  this  sub-division  of  this  Article 
shall  not  apply  to  the  employees  of  the  Fire  Department,  Bay 


193 


View  Asylum  or  the  Baltimore  City  Jail.  Any  such  officer, 
agent  or  contractor  who  shall  require  any  mechanic  or  laljorer 
to  work  more  than  nine  hours  per  day,  contrary  to  the  pro- 
visions of  this  section,  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  fiftv  dollars  for  each  offence ;  one-half  of  such 
fine  to  go  to  the  informer ;  said  fines  to  be  collected  as  other 
fines  are  collected  by  law. 

HOUSES  OF  EEFUGE  AND  REFOEMATION. 

517.  The  Mayor  and  City  Council  of  Baltimore  in  con- 
formity with  the  requirements  of  section  105  of  this  Article, 
is  authorized  and  empowered  to  appropriate  annually  to  the 
House  of  Kefuge  and  St.  Mary's  Industrial  School,  any  sum 
or  sums  of  money  not  exceeding  twenty-five  thousand  dollars 
per  annum,  and  to  the  Boys'  Home  Society  of  Baltimore  City, 
not  exceeding  the  sum  of  five  thousand  dollars  annually  ;  and 
to  the  Female  House  of  Refuge,  not  exceeding  ten  thousand 
dollars  per  annum ;  and  to  the  St.  Vincent  of  Paul's  Orphans 
Asylum  of  Baltimore  City,  any  sum  now  due  said  institutions 
for  the  care  of  destitute  or  other  minors  committed  by  courts 
or  police  magistrates  to  its  care,  and  hereafter  not  exceeding 
the  sum  of  two  thousand  dollars  j^er  annum.  And  the  said 
Mayor  and  City  Council  are  further  authorized  and  empowered 
to  appropriate  for  repairs,  permanent  improvements  and  addi- 
tions to  the  buildings  now  occupied  and  used  by  the  House  of 
Kefuge  and  the  Maryland  Female  House  of  Refuge,  such  addi- 
tional sum  or  sums  of  money  as  in  their  judgment  shall  from 
time  to  time  be  required  for  these  purposes. 

518.  The  Judge  of  the  Criminal  Court  of  Baltimore,  the 
President  of  the  Board  of  Police  Commissioners,  and  the  Mar- 
shal of  the  Police  of  the  City  of  Baltimore,  shall,  at  such  times 
as  they  may  think  proper,  visit  and  inspect  the  House  of  the 
Good  Shepherd. 

IMMIGRANTS. 

519.  The  master  or  commander  of  any  vessel  arriving  from 
a  foreign  country  or  from  any  other  of  the  United  States,  who 
shall  enter  said  vessel  at  the  custom-house  in  the  City  of  Balti- 
more, shall,  within  twenty-four  hours  after  such  entry,  make  a 
report  in  writing  on  oath  to  the  Mayor  of  said  City,  of  the 
name,  age  and  occupation  of  every  alien  who  shall  have  been 
brought  or  carried  as  passenger  in  such  vessel  on  that  voyage, 

13 


194 


upon  pain  of  forfeiture,  for  every  neglect  or  omission  to  make 
siTcli  report,  of  the  sum  of  twenty  dollars  for  every  such  pas- 
senger neglected  or  omitted  to  be  so  reported. 

520.  The  Mayor,  or  other  person  discharging  the  duties 
of  his  office,  shall  require  the  owner  or  consignee  of  every 
vessel  arri\dng  from  a  foriegn  country,  or  from  any  other  of 
the  United  States,  which  shall  be  entered  in  said  custom-house, 
upon  pain  of  forfeiture  to  the  Mayor  and  City  Council  of 
Baltimore,  of  twenty  dollars  for  every  neglect  or  omission  to 
give  a  several  bond  to  the  State  of  Maryland  in  the  penalty  of 
three  hundred  dollars,  for  each  passenger  included  in  the 
report  of  the  master  or  commander  ni  siich  vessel  directed  to 
be  made  by  the  preceding  section,  and  conditioned  to  indem- 
nify and  save  harmless  each  and  every  City,  town  and  county 
in  this  State,  from  any  cost  which  such  City,  town  or  county 
shall  incur,  for  the  relief  or  support  of  the  person  named  in 
the  bond,  within  five  years  from  the  date  of  the  bond,  and  also 
to  idemnify  and  refund  any  charge  or  exjDense  such  City,  town 
or  county  may  necessarily  incur  for  the  support  or  medical 
care  of  the  person  named  therein,  if  received  into  the  alms- 
house or  hospital  or  any  other  institution  under  their  care. 

521.  Every  such  bond  shall  be  signed  by  two  or  more  suffi- 
cient securities,  residents  of  the  State  of  Marvland,  each  of 
whom  shall  prove,  by  oath  or  otherwise,  that  he  is  owner  of  a 
freehold  in  said  State,  of  the  value  of  three  hundred  dollars 
over  and  above  all  claims  or  liens  thereon  or  against  him,  includ- 
ing any  contingent  claim  which  may  accrue  fi'om  or  upon  any 
former  bond  given  under  the  provisions  of  this  sub-division 
of  this  Article. 

522.  If  the  principal  in  said  bond  chose,  instead  of  the 
security  required  in  the  preceding  sections,  he  may  secure  said 
bond  by  mortgage  of  real  estate,  or  by  the  pledge  and  transfer 
of  public  stock  of  the  United  States,  or  of  the  State  of  Mary- 
land, or  of  the  City  of  Baltimore,  or  by  deposit  of  the  amount 
of  the  penalty  in  some  bank,  subject  to  the  order  of  the  Mayor 
of  the  City. 

523.  Any  security,  whether  real  or  personal,  oflered  by 
such  owner  or  consignee,  shall  first  be  approved  bv  the  Mayor 
of  the  City. 


195 

524.  The  owner  or  consignee  of  anj  vessel  maj  at  any  time 
Avithin  three  days  after  the  landing  of  such  passengers,  com- 
mute for  the  bond  hereinbefore  required,  by  paying  to  the  City 
Eegister  the  sum  of  one  dollar  and  fifty  cents  for  each  and 
every  passenger  reported  as  hereinbefore  required  by  this  sub- 
division of  this  Article,  and  the  receipt  of  such  sum  by  the 
City  Eegister  shall  be  deemed  a  full  and  sufficient  discharge 
from  the  requirement  of  giving  such  bond. 

525.  If  any  alien  passenger  in  such  vessel  shall  be  suffered 
to  land  therefrom  at  any  place  within  the  distance  of  fifty 
miles  from  said  City,  with  the  intent  to  proceed  thereto  other- 
wise than  in  said  vessel,  the  master  or  commander  thereof 
shall  forfeit  and  pay  for  every  such  jDerson  the  sum  of  one 
hundred  dollars,  unless  within  forty-eight  hours  after  the  entry 
of  the  vessel,  the  owner  or  consignee  shall  give  bonds  or  pay 
the  commutation  money  aforesaid. 

526.  All  or  any  of  the  said  penalties  and  forfeitures,  as 
well  as  the  said  commutation  money,  may  be  sued  for  in  the 
name  of  the  Mayor  and  City  Council  of  Baltimore,  before  any 
Justice  of  the  Peace,  in  the  same  manner  and  subject  to  the 
same  rules  and  process,  and  the  right  of  appeal  as  provided  in 
cases  of  small  debts. 

527.  The  Mayor  may  compound  for  or  remit  the  said  pen- 
alties and  forfeitures,  and  payments  and  recoveries,  or  any  of 
them,  either  before  or  after  suing  for  the  same,  upon  such 
terms  as  the  circumstances  of  the  case  may  in  his  judgment 
require. 

528.  The  Mayor  and  Eegister  shall  pay  over  to  the  trus- 
tees for  the  poor  of  Baltimore  City,  semi-annually,  three-fifths 
of  all  sums  of  money  arising  from  commutation  by  owners  or 
consignees  of  vessels  as  aforesaid,  which  shall  be  appropriated 
by  said  trustees  to  the  use  of  tlie  City  of  Baltimore,  for  the 
purpose  of  supporting  the  foreign  paupers  of  the  said  City, 
and  the  remaining  two-fifths  shall  be  paid  to  the  Hibernian 
Society  of  Baltimore,  and  the  German  Society  of  Maryland, 
in  the  proportions  mentioned  in  the  next  succeeding  section. 

529.  All  money  received  by  the  Mayor  or  Eegister  for 
penalties  and  forfeitures  imposed  by  this  sub-division  of  this 


196 

Article  shall  be  distributed  and  paid  by  the  Mayor  and  City 
Council  as  follows  :  two-fifths  thereof  to  the  German  Society 
of  Maryland,  and  the  Hibernian  Society  of  Baltimore,  to  be 
divided  between  them  as  follows :  to  the  German  Society  in 
proportion  to  the  amount  received  from  and  on  account  of 
German  and  Swiss  passengers,  and  to  the  Hibernian  Society 
in  jDroportion  to  the  amount  received  from  and  on  account  of 
Irish  passengers ;  and  the  remaining  three-fifths  to  the  Super- 
visors of  City  Charities. 

530.  The  Eegister  of  the  City  shall  be  entitled  to  two  per 
centum  upon  the  amount  of  money  collected  under  this  sub- 
division of  this  Article. 

531.  Nothing  contained  in  the  twelve  preceding  sections 
shall  be  deemed  to  extend  to  any  ambassadors,  ministers,  con- 
suls or  agents  of  foreign  governments  arriving  as  passengers 
in  the  port  of  Baltimore. 

INSPECTIONS,    WEIGHTS    AND    MEASURES. 

Barrels. 

532.  The  standard  barrel  for  the  measurement  of  all  green 
peas  or  beans  in  the  hull,  for  which  a  heaping  measure  is  now 
given,  shall  be  of  the  folloAving  dimensions,  namely :  diameter 
of  said  barrel  at  the  top  shall  be  eighteen  and  three-fourths 
inches  inside  the  staves,  the  diameter  at  the  bottom  inside  the 
staves  shall  be  sixteen  and  one-fourth  inches,  and  the  depth  of 
said  barrel  shall  be  twenty-six  inches  inside,  and  to  contain  in 
all  six  thousand  two  himdred  and  fifty-three  and  three-fourths 
ciibic  inches,  measurement  by  said  barrel  to  be  struck  measure. 

533.  The  dimensions  of  any  barrel  so  used  shall  be  stamped 
by  the  Inspector  of  Weights  and  Measures  of  the  City  of 
Baltimore  upon  the  same,  in  three  conspicuous  places,  and  any 
person  using  a  barrel  for  the  measurement  of  peas,  beans  and 
like  farm  products,  without  being  so  stamped,  shall  be  fined 
not  less  than  one  hundred  dollars,  or  more  than  five  hundred 
dollars ;  said  fine  to  be  collected  as  other  fines  are  now  col- 
lected. 

534.  It  shall  be  the  duty  of  said  Inspector  of  Weights  and 
Measures  and  any  measurer  of  the  City  of  Baltimore,  from 
time  to  time  to  inspect  the  barrels  used  for  the  measurement 


197 


of  said  peas,  beans  and  otlier  farm  products,  and  to  see  that 
the  provisions  of  this  sub-division  of  this  Article  are  complied 
with ;  and  upon  the  conviction  of  any  person  or  corporation 
under  the  provisions  of  this  sub-division  of  this  Article,  one- 
half  of  the  fine  imposed  shall  be  paid  to  said  Inspector  of 
Weights  and  Measures  of  the  City  of  Baltimore. 

Coal. 

535.  Every  person  dealing  in  or  selling  mineral  coal  within 
the  City  of  Baltimore  shall  have  scales  of  suitable  capacity 
attached  to  the  premises  occupied  by  him ;  any  neglect  upon 
the  part  of  the  dealer,  seller  or  owner  of  coal-yards  or  wharves 
that  are  used  for  the  sale  of  coal,  to  have  the  said  scales  placed 
within  the  aforesaid  yards  or  wharves,  shall  be  subject  to  a 
penalty  of  ten  dollars  for  each  and  every  offence,  to  be  recov- 
ered by  indictment  and  paid  to  the  Comptroller  of  Baltimore 
City. 

536.  If  any  owner  of  a  cart  or  other  vehicle  used  for  haul- 
ing coal  in  the  City  of  Baltimore  shall  neglect  to  have  such 
coal  weighed  upon  the  scales  named  in  the  preceding  section, 
or  if  any  dealer  or  seller  shall  sell  the  aforesaid  coal  to  any 
cart,  wagon  or  other  vehicle,  without  being  so  weighed,  he 
shall  be  subject  to  a  penalty  of  ten  dollars  for  each  and  every 
offence,  to  be  recovered  by  indictment  and  to  be  paid  to  the 
Comptroller  of  the  City  of  Baltimore. 

,  537*.  It  shall  be  the  duty  of  any  policeman  of  Baltimore 
City,  when  called  for  by  the  purchasers  or  any  interested 
person,  or  when  such  officer  has  reason  to  believe  any  cart, 
wagon  or  other  vehicle  on  the  street  or  road  containing  coal 
has  not  the  proper  weight,  to  take  such  cart,  wagon  or  other 
vehicle  to  the  nearest  State  or  available  private  scale  and  have 
it  weighed ;  and  the  party  so  weighing  shall  give  a  sworn  cer- 
tificate of  the  weight ;  and  the  seller  of  said  coal  shall  not 
make  any  additional  charge  for  hauling  said  coal  to  any  scales 
to  be  weighed ;  and  if  the  driver  of  said  cart  or  other  vehicle, 
or  the  owner  thereof,  shall  refuse  to  drive  said  cart  or  other 
vehicle  to  said  scales  to  be  weighed  as  aforesaid,  such  driver 
or  owner  so  refusing  shall  be  fined  the  sum  of  five  dollars,  to 
be  recovered  by  indictment  and  paid  to  the  Comptroller  of 
Baltimore  City. 


198 


538.  It  shall  be  the  duty  of  every  seller  of  coal  to  send  with 
each  and  every  load  of  coal  sold  by  him  a  card  or  ticket,  which 
shall  indicate  on  its  face  in  plain  characters  the  seller's  name, 
the  date,  the  weight  of  coal  contained  in  the  cart,  wagon  or 
other  vehicle  in  which  it  is  being  transported ;  and  any  vendor 
of  coal  violating  such  provisions,  or  being  found  selling  or 
delivering  any  load  of  coal  without  such  card  or  ticket,  shall 
be  liable  to  a  fine  of  not  less  than  five  dollars,  nor  more  than 
ten  dollars  for  each  and  every  offense,  to  be  recovered  and 
appropriated  as  provided  in  the  preceding  Section ;  provided,. 
however,  that  two  per  centum  shall  be  allowed  in  the  weight  of 
the  coal  in  the  said  cart,  wagon  or  other  vehicle  for  variation  of 
scales ;  and  provided,  further,  that  nothing  in  this  Section  con- 
tained shall  apply  to  sales  of  coal  by  manifest  weight  in  car  or 
cargo  lots. 

539.  A  compensation  of  twenty-five  cents  per  ton  shall  be 
paid  to  the  parties  weighing  coal  under  the  foregoing  section, 
said  sum  for  weighing  to  be  paid  by  the  seller,  if  the  coal  is 
deficient  in  weight,  otherwise  to  be  paid  by  the  purchaser. 

539a.  The  Board  of  Police  Commissioners  shall  order  the 
detail  of  one  policeman  from  each  of  the  eight  districts  of  the 
City  (but  one  only  at  a  time,  and  the  said  policeman  so 
appointed  shall  not  serve  continuously),  and  each  district 
changing  alternately  with  the  others  for  such  time  as  the  judg- 
ment of  the  Marshal  shall  determine.  Such  policeman  shall 
be  charged  with  the  duty  of  enforcing  the  Coal  Law  for  the 
benefit  of  the  public  and  specially  watching  the  delivery  of 
mineral  coal  by  carts,  wagons  or  other  vehicles,  and  he  shall 
be  empowered  with  authority  to  weigh  any  cart,  wagon  or  other 
vehicle  loaded  with  coal  at  any  time  he  may  elect  to  do  so. 

540.  The  provisions  of  this  sub-division  of  this  Article 
shall  not  apply  to  the  sale  of  coal  by  single  bushel,  half  bushel, 
or  peck. 

Gas  Meters. 

541.  It  shall  be  the  duty  of  every  gas  company  manufac- 
turing, furnishing  and  selling  gas  in  the  City  of  Baltimore,  to 
place  upon  the  premises  of  every  consumer  using  gas,  a  correct 
apparatus  or  meter  for  registering  the  consumption  of  the 
same,  and  it  shall  be  the  duty  of  the  company  to  see  that  said 
apparatus  or  meter  is  kept  in  proper  working  order  and 
condition. 


199 


542.  It  shall  not  be  lawful  for  said  company,  under  any 
circumstances,  to  charge  or  collect  for  any  greater  amount  of 
gas  than  is  registered  by  said  apparatus  or  meter. 

543.  Any  consumer  may,  at  any  time,  cause  said  apparatus 
or  meter  to  be  tested  by  the  Superintendent  of  Lamps  and 
Lighting  or  one  of  his  Assistants,  who  shall  make  said  test  in 
the  presence  of  the  consumer  and  of  an  agent  of  the  gas  com- 
pany, by  which  the  gas  may  be  supplied,  if  desired,  and  shall 
furnish  to  the  consumer  a  certificate  under  oath  of  the  true 
condition  and  working  of  said  apparatus  or  meter ;  and  if  it 
shall  be  found,  upon  any  such  test,  that  said  apparatus  or  meter 
is  registering  gas  in  favor  of  said  company,  then,  in  the  absence 
of  any  fraud  upon  the  part  of  the  consumer,  the  said  company 
shall  refund  to  the  consumer  an  amount  in  lawful  money  equal 
to  the  percentage  that  the  said  apparatus  or  meter  has  been 
registering  too  fast,  upon  the  bills  of  said  consumer,  registered 
by  said  ap]3aratus  or  meter,  for  the  four  months  next  preceding 
the  said  test,  unless  the  said  company  can  prove  that  such 
inspection  and  certifi.cate  do  not  show  the  correct  result ;  and 
in  case  such  refunding  does  take  place,  the  said  company  shall 
also  pay  the  expenses  incurred  in  making  said  test. 

Gangers  of  Casks  and  Liquors. 

544.  Any  citizen  of  the  State  of  Maryland,  on  application 
to  the  Clerk  of  the  Court  of  Common  Pleas  in  the  City  of 
Baltimore,  and  on  paying  one  hundred  dollars  to  the  said 
clerk,  shall  be  entitled  to  receive  a  license  to  act  as  ganger  of 
casks  and  liquors,  for  the  term  of  one  year  from  the  date  there- 
of. The  person  applying  for  said  license  shall,  at  the  time  of 
receiving  the  same,  take  and  subscribe  before  said  clerk,  an 
oath  that  he  will  honestly  and  faithfully  discharge  the  duties 
of  said  office. 

545.  No  person  engaged  in  vending  or  trading  in  or  manu- 
facturing casks  or  liquors  individually,  or  as  a  partner,  or  as 
agent,  clerk  or  employee  of  a  trader,  vender  or  manufacturer  of 
said  articles,  or  either  of  them,  or  any  commissioned  officer, 
shall  be  licensed  to  act  as  ganger  of  casks  and  liquids. 

546.  Any  person  may  sell,  export  or  otherwise  dispose  of 
any  foreign  or  domestic  liquors  in  casks,  without  having  the 
same  gauged  by  a  licensed  ganger,  but  in  cases  of  diflference 


200 

between  the  buyer  and  seller  as  to  the  quantity,  either  party 
may  call  in  a  ganger,  and  his  judgment  shall  bind  the  parties. 

547.  The  gangers  shall  procure  and  use  a  correct  set  of 
gauging  instruments,  and  as  soon  as  they  have  ascertained  the 
capacity  of  any  cask  they  shall  distinctly  mark  with  marking 
irons  the  capacity  on  the  bilge  near  the  bung,  and  prefix  the 
letter  M,,  for  the  State  of  Maryland,  and  the  first  letter  of  the 
surname  of  the  gauger  who  does  the  gauging ;  and  any  cask 
containing  such  liquor,  to  be  merchantable,  must  be  round  at 
the  bilge  and  heads,  the  staves  thereof  to  be  seasoned  white 
oak,  free  from  any  injurious  portion  of  sap-wood,  and  not  less 
than  half  an  inch  thick  at  the  thinnest  part,  and  not  more  than 
three-quarters  of  an  inch  at  the  thickest  part,  and  to  be  tight 
and  secured  with  a  sufficient  number  of  good  hoops ;  if  of  iron, 
six ;  and  if  of  wood,  not  less  than  twelve ;  and  at  least  not  less 
than  twelve  on  all  double  barrels  and  hogsheads ;  and  if  any 
cask  containing  such  liquor  shall  be  found  deficient  in  any  of 
these  respects  by  said  gauger,  he  shall  direct  it  to  be  coopered, 
or  other  casks  substituted  therefor,  at  the  expense  of  the  owner 
or  seller ;  and  if  any  such  cask  shall  be  fraudulently  made,  the 
owner  or  seller  thereof,  or  his  agent,  shall  forfeit  the  cask  to 
the  use  of  the  State. 

548.  The  said  gangers,  in  order  to  ascertain  the  capacity 
of  casks,  shall  conform  to  the  Baltimore  standard  of  wine 
measure ;  and  if  any  cask  or  vessel  gauged  or  marked  by  said 
gauger  shall  in  its  capacity  be  found  lacking  or  exceeding  one 
or  more  gallons  in  a  cask  of  a  larger  size,  the  gauger  shall 
forfeit  and  pay  two  dollars  for  each  gallon  so  lacking  or 
exceeding  the  number  of  gallons  marked  by  him  on  the  cask. 

549.  If  any  person  shall  alter  any  mark,  or  number  marked 
or  set  down  by  any  gauger,  thereby  to  deceive  and  defraud  the 
purchaser  of  distilled  spirits,  wine,  molasses  or  other  liquid 
merchandise  so  gauged  and  marked,  or  shall  put  any  false 
mark  or  number  on  said  cask,  or  upon  any  certificate  intended 
to  counterfeit  the  mark  or  number  of  the  gauger,  he  shall 
forfeit  and  pay  twenty  dollars  for  every  offence,  one-half  to 
the  informer  and  the  other  half  to  the  use  of  the  State. 

550.  Every  gauger  so  licensed  shall  be  entitled  to  demand 
and  receive  from  the  person  at  whose  request  he  shall  gauge 


201 


any  cask,  the  following  fees,  to  wit :  For  gauging  casks  not 
exceeding  forty  gallons,  ten  cents  per  cask ;  for  casks  of  larger 
size,  fifteen  cents. 

551.  Any  person  not  being  properly  licensed,  who  shall  act 
as  ganger,  or  being  so  licensed  shall  act  as  said  ganger  outside 
of  the  limits  of  the  said  City,  shall  forfeit  and  pay  to  the 
Sheriff  of  the  City  the  sum  of  three  hundred  dollars;  said 
penalty  to  be  imposed  as  a  fine  by  the  Criminal  Court,  on 
presentment  and  indictment  by  the  Grand  Jury  and  conviction 
in  due  course  of  law,  and  one-third  of  the  penalty  shall  be 
paid  by  the  Sheriff  to  the  informer,  and  the  residue  shall  be 
accounted  for  by  the  Sherifl"  to  the  treasury  as"  other  fines ;  if 
any  person  so  licensed  shall  be  guilty  of  a  fraud  by  reason  of 
collusion  with  any  parties,  he  shall  be  deemed  guilty  of  misde- 
meanor, and  shall,  on  presentment  and  indictment  therefor, 
and  conviction  thereof,  forfeit  and  pay  a  fine  of  not  less  than 
five  hundred  dollars  or  more  than  one  thousand  dollars  for 
every  such  offence,  or  be  imprisoned,  in  the  discretion  of  the 
court,  for  a  time  not  exceeding  three  years,  or  both,  and  shall 
also  be  liable  in  damages  at   the  suit  of  the   party  aggrieved. 


Hay  and  Straiv. 

552.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  biennially  appoint  four  inspectors  of  hay  and 
straw  for  the  Citv  of  Baltimore. 

553.  Each  of  said  inspectors  shall  give  bond  to  the  State 
of  Maryland,  in  the  sum  of  two  thousand  dollars,  for  the 
true  and  faithful  performance  of  the  duties  of  his  office. 

554.  All  hay  and  straw  brought  to  the  City  of  Baltimore 
may  be  weighed  at  the  State  hay  scales  as  now  established  by 
law,  by  one  of  the  insi3ectors,  at  the  rate  of  one  hundred 
pounds  to  the  hundred  weight,  making  a  reasonable  allowance 
for  the  moisture  thereof,  as  well  as  the  mud  or  other  substance 
attached  to  the  wagon,  cart  or  sled  containing  the  same. 

555.  The  inspector  shall  give  a  certificate  of  every  load  of 
hay  or  straw  weighed  by  him,  stating  the  gross  and  net  weight 
of  such  straw  or  hay,  and  wagon,  cart  or  sled. 


202 


556.  The  said  inspector  shall  be  entitled  to  demand  and 
receive  for  each  and  every  load  of  hay  and  straw  inspected  by 
him,  of  whatever  weight,  one  cent  per  hundred  weight;  and 
for  weighing  hemps,  cable,  anchors,  dye-woods,  barks,  etc.,  two 
cents  per  hundred  pounds ;  and  for  inspecting  and  weighing 
corn  in  the  ear  and  corn  husks,  one  cent  per  hundred  pounds. 

557.  If  any  person  bringing  hay  or  straw  to  said  City  shall 
neglect  to  have  the  same  weighed  by  the  said  inspector,  or 
shall  be  detected  in  having  stones,  rubbish,  wood  or  anything 
else  concealed  in  his  load,  or  shall  in  any  maimer  change  the  con- 
dition of  his  cart,  wagon,  carriage  or  sled,  with  fraudulent  inten- 
tion, he  shall  ^forfeit  and.  pay  for  each  and  every  such  offence 
the  sum  of  five  dollars ;  provided,  however,  any  person  bringing 
hay  or  straw  to  market,  who  shall  sell  and  deliver  the  same  for 
consumption  west  of  Gwynn's  Falls,  shall  not  be  subject  to  the 
penalty  herein  recited  as  to  not  having  said  load  of  hay  or 
straw  weighed  by  the  weighmaster  at  the  western  hay  scales, 
provided  he  shall  tender  to  the  weigher  of  hay  and  straw,  at 
the  western  hay  scales,  on  the  day  of  delivery  of  said  hay  or 
straw,  such  fee  as  is  prescribed  by  law,  said  fee  to  be  ascer- 
tained by  the  certificate  of  the  person  weighing  said  hay  or 
straw  ;  and  when  said  certificate  of  private  weigher  is  presented 
to  the  weighmaster  of  hay  ajid  straw  at  the  western  hay  scales, 
the  said  weighmaster  shall  retain  the  certificate  of  the  private 
weigher,  and  issue  to  the  j)erson  presenting  the  certificate  from 
the  private  weigher,  a  certificate  from  the  book  of  the  weigh- 
master at  the  western  hay  scales  corresponding  with  the 
certificate  of  the  private  weigher,  for  which  the  weighmaster 
at  the  western  hay  scales  shall  collect  the  fee  prescribed  by  law ; 
any  seller  of  hay  or  straw  failing  to  comply  with  the  provisions 
of  this  section  or  failing  to  present  the  certificate  of  the 
private  weigher  to  the  weighmaster  at  the  western  hay  scales, 
shall  be  subject  to  a  fine  of  five  dollars  for  each  and  every 
such  offence. 

558.  That  any  private  weigher,  avIio  shall  under  a  false 
certificate,  and  any  seller  of  hay  or  straw  who  shall  present  a 
false  certificate  to  the  weigher  of  hay  and  straw  at  the  western 
hay  scales,  shall  be  subject  to  a  fine  of  five  dollars  and  costs 
for  each  and  every  such  offence. 

559.  If  any  person,  after  having  his  hay  or  straw  weighed, 
and  having  obtained  the  inspector's  certificate,  specifying  the 


203 


quantity  thereof,  shall  dispose  of  any  part  thereof,  or  in  any 
manner  diminish  the  same  in  quantity,  thereby  to  defraud  or 
deceive  the  purchaser  thereof,  he  shall  forfeit  and  pay  for  every 
such  ojffence  the  sum  of  twenty  dollars. 

560.  The  said  inspectors  may  re-weigh  carts,  wagons,  car- 
riages or  sleds,  as  often  as  they  may  deem  expedient ;  and  if  at 
any  time  either  of  them  shall  be  required  to  do  so  by  a  purchaser 
of  hay  or  straw,  and  it  shall  be  found  that  his  report  of  the 
weight  of  the  cart,  wagon,  carriage  or  sled  is  correct,  the 
person  requiring  the  same  shall  pay  twenty  cents  to  said 
inspector;  in  other  cases  the  re-weighing  shall  be  free  of 
charge. 

561.  The  said  inspector  shall,  at  all  times  when  required^ 
weigh  hemps,  cables,  anchors,  dye-woods,  barks,  roots,  etc. 

562.  In  addition  to  the  charge  hereinbefore  authorized  for 
the  use  of  the  State  hay  scales,  the  inspector  shall  be  entitled 
to  demand  and  receive  fifteen  cents  for  each  and  every  load  of 
hay  or  straw  which  shall  remain  half  an  hour  on  the  premises 
after  the  weighing  thereof,  but  shall  be  removed  before  nighty 
and  thirty  cents  for  each  and  every  load  which  shall  be  left  on 
the  premises  until  the  next  morning. 

563.  The  weighing  apparatus  shall  be  adjusted  at  least 
once  in  six  months  by  the  standard  of  weights  for  the  City 
of  Baltimore,  the  expenses  of  which,  together  with  all  the 
expense  for  repairs,  shall  be  paid  by  the  inspectors. 

564.  The  inspectors  shall  severally  account  for,  under  oath, 
and  pay  over  to  the  Treasurer,  quarterly,  all  moneys  received 
by  them  as  inspectors,  after  retaining  for  their  services  three- 
fourths  of  all  moneys  received  under  sections  556  and  560, 
and  one-fifth  of  all  moneys  received  under  section  562  of  this 
Article. 

565.  It  shall  be  the  duty  of  the  inspector  of  hay  and  straw 
having  charge  of  the  eastern  hay  scales  at  Canton,  in  the  City 
of  Baltimore,  to  weigh  all  cattle  and  hogs  required  by  law  to 
be  weighed,  which  may  be  brought  to  said  scales  for  that 
purpose ;  and  the  said  inspector  shall  be  entitled  to  demand 
and  receive  for  the  use  of  the  State,  for  the  first  time  of 
weighing  any  live-stock,  except  sheep,  required  by  law  to  be 


204 

weighed,  two  cents  for  every  hundred  weight,  and  one  cent  per 
head  for  every  sheep ;  and  for  every  second  and  subsequent 
weighing,  for  cattle  and  hogs,  two  cents  for  every  thousand 
weight,  and  sheep,  one  cent  for  every  thousand  w^eight,  and  all 
live-stock  not  required  to  be  weighed,  the  sum  of  six  cents  for 
every  thousand  weight. 

566.  He  shall  keep  a  full  record  of  all  weights  as  ascer- 
tained and  determined  by  him,  of  what,  and  for  whom  the  same 
may  be  ascertained  and  determined,  and  all  money  received 
by  him  for  weighing  live-stock,  and  all  expenditures  and  dis- 
bursements, in  books  to  be  provided  for  him  for  that  purpose, 
which  books  shall  belong  to  the  State,  and  shall  at  all  times  be 
subject  to  the  inspection  and  order  of  the  Comptroller ;  and 
he  shall,  at  the  expiration  of  every  six  months,  or  within  five 
days  thereafter,  upon  his  oath,  taken  before  a  Justice  of  the 
Peace  for  said  City,  make  a  full  statement  of  all  receipts  for 
weighing  all  live-stock  weighed  by  him  for  the  six  months 
immediately  preceding  said  statement,  and  from  whom  received, 
and  all  disbursements  by  him  made  to  the  Comptroller ;  and 
if  the  balance  in  the  hands  of  said  inspector  for  weighing 
live-stock  for  said  six  months  shall  exceed  the  sum  of  two 
hundred  dollars,  he  shall  pay  the  excess  into  the  Treasury; 
but  if  there  be  no  excess  over  and  above  two  hundred  dollars, 
after  deducting  all  necessary  expenses  for  receipts  for  weigh- 
ing live-stock,  the  said  inspector  shall  retain  the  balance  as 
compensation  for  his  services  for  weighing  such  live-stock. 

567.  Upon  failure  and  refusal  of  any  agent  or  owner  of 
live-stock  to  pay  for  weighing  the  same  he  may  impound  any 
number  of  live-stock  he  may  deem  necessary  to  cause  such 
fees  to  be  paid ;  provided,  no  injury  be  done  to  said  stock 
by  confining  them  as  aforesaid,  and  that  they  be  delivered  to 
the  owner  or  agent  upon  payment  of  all  just  and  proper 
charges. 

568.  If  the  inspector  shall  neglect  or  delay  to  weigh  or 
cause  to  be  weighed  any  live-stock  brought  to  said  scales  for 
the  purpose  of  being  weighed,  for  a  time  not  exceeding  twenty- 
four  hours  after  he  shall  have  been  requested  to  weigh  the 
same,  he  shall  forfeit  and  pay  to  the  owner  of  such  live-stock 
or  his  agent  the  sum  of  ten  cents  an  hour  upon  each  and  every 
head  thereof  for  so  many  hours  as  he  shall  omit  or  neglect  to 


205 


weigh  the  same,  over  and  above  the  term  of  twenty-four  hours, 
Sunday  excepted,  to  be  recovered  in  an  action  of  debt  before 
a  Justice  of  tlie  Peace,  with  costs. 

569.  The  said  inspector  of  hay  and  straw  shall  execute  a 
bond  to  the  State  in  addition  to  the  bond  now  provided  by  law 
to  be  given  by  said  inspector,  to  be  approved  by  the  Comp- 
troller, in  the  penal  sum  of  one  thousand  dollars,  conditioned 
for  the  full  performance  of  all  acts  and  things  required  by  him 
as  weigher  of  live-stock  at  said  scales,  and  to  pay  all  damages 
that  may  be  sustained  by  reason  of  wilful  omission,  refusal  or 
neglect  to  discharge  said  duties  ;  which  bond  shall  be  tiled  with 
the  State  Comptroller  ;  but  said  inspector  or  weigher  of  hay 
and  straw  shall  be  chargeable  with  the  payment  of  a  tax  of  ten 
dollars,  and  no  more,  for  his  commission. 

570.  All  fines  and  forfeitures  imposed  under  sections  557 
to  559  may  be  recovered  with  costs  in  the  name  of  the  State, 
before  a  Justice  of  the  Peace  in  the  manner  that  small  debts 
are  recovered ;  one-half  to  the  informer  and  the  other  half  to 
the  use  of  the  State. 

Manure. 

571.  A  cart  load  of  manure  shall   contain  forty  cubic  feet. 

Steam,  Boilers. 

572.  The  Governor  shall  biennially  appoint  two  suitable 
persons  who  are  well  skilled  in  the  construction  and  use  of 
steam  engines  and  boilers,  and  in  application  of  steam  thereto, 
whose  duty  it  shall  be  to  inspect  steam  boilers  in  the  City  of 
Baltimore,  as  hereinafter  specified  and  directed ;  said  inspec- 
tors before  entering  on  their  duties,  shall  make  oath  before  a 
Justice  of  the  Peace,  that  they  will  faithfully  perform  the  duties 
of  their  office  without  fear,  partiality  or  favor  ;  tliat  they  are 
not,  and  will  not  during  their  term  of  office,  be  connected  with, 
or  interested  in  the  manufacture  of  steam  boilers,  engines  or 
machinery  applicable  thereto,  and  that  they  will  not  during 
their  term  of  office,  accept  any  money,  gift,  gratuity  or  consid- 
eration from  any  person,  and  shall  give  bond,  to  be  approved 
by  the  State  Comptroller,  in  the  sum  of  five  thousand  dollars 
each,  for  the  faithful  discharge  of  their  duties. 

573.  The  City  of  Baltimore  is  divided  into  two  districts, 
which   shall  be   known  as  the  first  and  second  steam  boiler 


206 


inspection  districts ;  the  first  district  shall  embrace  what  is 
now  known  as  the  Eastern,  Northeastern  and  Southern  Police 
Districts ;  the  second  shall  embrace  what  is  now  known  as  the 
Central,  Western,  Northwestern  and  Southwestern  Police  Dis- 
tricts of  said  Citv;  and  the  Governor  in  appointing  the 
inspectors,  shall  assign  each  to  his  res^jective  district. 

574.  The  inspectors,  before  entering  on  the  discharge  of 
their  duties,  shall  provide  themselves  with  an  office  in  a  central 
part  of  said  Citj,  also  with  the  necessary  apparatus  and 
appliances  for  the  testing  of  steam  boilers ;  and  they  shall  give 
notice  for  three  successive  days,  through  the  two  daily  papers 
having  the  largest  circulation  in  said  City,  of  the  time  and 
manner  in  which  they  shall  receive  the  reports  of  the  locations 
of  steam  boilers. 

575.  Every  owner  or  renter  using  a  steam  boiler  in  said 
City,  shall,  within  ten  days  after  the  publication  of  the  afore- 
said notice,  report  to  the  inspector  of  the  district  the  location 

of  such  boiler,  under  a  penalty  of  fifty  dollars  for  each  day  a 
boiler  is  used  and  neglected  to  be  reported. 

576.  The  inspector  of  each  district  shall  give  six  days' 
notice  in  writing  to  each  owner  or  renter  of  a  steam  boiler,  or 
the  engineer  or  person  in  charge,  of  the  time  when  he  will 
inspect  such  boiler ;  and  such  owner  or  renter  shall  have  such 
boiler  ready  for  inspection,  in  compliance  with  the  require- 
ments of  said  notice,  and  shall  furnish  such  assistance  as  the 
inspector  may  require,  under  a  penalty  of  fift}-  dollars  for  such 
failure  or  neglect,  and  a  further  penalty  of  fifty  dollars  for  each 
day  any  such  boiler  is  used  without  a  certificate  of  inspection. 

577.  It  shall  be  the  duty  of  each  inspector,  once  at  least  in 
-every  year,  to  inspect  all  stationary  steam  boilers  of  three  horse 
power  and  upwards,  used  within  the  limits  of  his  district,  sub- 
jecting them  to  a  hydrostatic  test  of  at  least  twenty-five  per 
cent,  in  excess  of  the  steam  pressure  allowed,  and  satisfy  him- 
self, by  a  thorough  external  and  internal  examination,  (if  pos- 
sible), with  a  hammer,  that  the  boilers  are  free  from  danger  from 
corrosion  or  other  defects,  are  well  made  of  good  material,  the 
openings  for  the  passage  of  water  and  steam,  respectively,  and 
all  pipes  and  tubes  exposed  to  heat  are  of  proper  dimensions, 
.and  free  from  obstruction;  that  the  flues  and  tubes,  if  any,  are 


207 


circular  in  form,  the  furnaces  in  proper  shape,  and  the  fire  line 
of  the  furnaces  is  at  least  two  inches  below  the  minimum  M^ater 
line  of  the  boilers ;  and  shall  also  satisfy  himself  that  the  safety 
valves  are  of  suitable  dimensions,  sufficient  in  number  and  well 
arranged,  and  that  the  weights  are  properly  adjusted  so  as  to 
allow  no  greater  pressure  in  the  boiler  than  the  amount  pre- 
scribed in  the  certificate  of  inspection;  that  there  is  a  suffi- 
cient number  of  gauge-cocks,  a  steam  gauge,  a  coupling  cock  in 
suitable  position  for  attaching  the  hydrostatic  test,  that  means 
for  blowing  out  are  provided,  so  as  to  thoroughly  remove  the 
mud  and  sediment  from  all  parts  of  the  boilers  when  they  are 
under   the  pressure  of  steam,  and  that  fusible  metals  are  prop- 
erly inserted  so  as  to  fuse  by  the  heat  of  the  furnaces  wiien  the 
water  in  the  boilers  shall  fall  below  the  prescribed  limits,  and 
that  adequate  and  certain  provision  is  made  for  an  ample  sup- 
ply of  water  at  all  times  ;  wdien  the  inspection  is  completed  and 
the  inspector  approves  the  boiler,  he  shall  make  and  subscribe 
a  certificate  of  inspection,  stating  the  condition  of  the  boiler, 
the  number  of  years  or  months  it  has  been  in  use,  and  the  pres- 
sure   of  steam    allowed ;  and    no    greater  pressure    than  that 
allowed  by  the  certificate  shall  be  applied  to  such  boiler.     In 
limiting  pressure,  whenever  the  boiler  under  test  will,   with 
safety,  bear  the  same,  the  limit  desired  by  the  owner  shall  be 
the  one  certified ;  and  such  certificate  of  inspection  shall  be 
framed  under  glass,  and  kept  in  some  conspicuous  place  on  the 
premises  where   said  boiler  referred   to   is   used;  and   if  the 
inspector  shall  deliver  or  cause  to  be  delivered  to  the  owner  or 
renter  of  any  boiler  a  certificate  of  inspection  without  having 
first  subjected  the  said  boiler  to  the  tests  as  herein  provided, 
he  shall  forfeit  his  bond,  and  upon  conviction  shall  be  removed 
from  office  by  the  Governor. 

578.  In  addition  to  the  annual  inspection,  it  shall  be  the 
duty  of  the  inspector  to  examine  all  boilers  within  the  limits  of 
their  respective  districts  once  at  least  in  every  three  months, 
and  if  deemed  necessary,  apply  the  hydrostatic  test ;  and  if  on 
such  examination  the  inspector  shall  find  evidence  of  deterio- 
ration in  strength,  he  shall  revoke  the  certificate  and  issue 
another,  assigning  a  lower  rate  of  pressiire  ;  and  if  the  defect  be 
of  such  character  as  to  make  the  boiler  dangerous,  the  inspector 
shall  notify  the  owner  or  renter  in  w^riting,  stating  in  the  notice 
what  is  required,  and  order  the  use  of  the  boiler  discontinued 
until  the  necessary  repairs  are  made ;  and  if  he  considers  it 
beyond  repair,  he  shall  condemn  it ;  and  if  the  owner  or  renter 


208 


shall  refuse  or  neglect  to  comply  with  the  requirements  of  the 
inspector,  and  shall,  contrary  thereto,  and  while  the  same  re- 
mains unreversed,  use  the  boiler,  he  shall  be  liable  to  a  penalty 
of  not  less  than  one  hundred  dollars  for  each  day  such  boiler 
is  used,  and  in  addition  thereto  shall  be  liable  for  any  damage 
to  persons  or  property  which  shall  occur  from  any  defects,  as 
stated  in  the  notice  of  the  inspector. 

579.  Any  owner  or  renter  of  a  boiler,  who  shall  consider 
himself  aggrieved  by  the  action  of  the  inspector,  under  the 
provisions  of  the  preceding  section,  may,  within  ten  days  after 
such  inspection,  notify  the  inspector  of  the  fact,  and  demand 
a  re-examination  of  the  said  boiler ;  the  owner  or  renter  shall 
select  a  practical  engineer,  who,  with  the  inspector,  shall  select 
a  third  person,  skilled  in  the  manufacture  and  use  of  steam 
boilers,  which  said  two  persons,  after  taking  an  oath  as 
reviewers,  shall,  together  with  the  inspector,  carefully  examine 
the  said  boiler,  and  the  decision  of  any  two  of  these  shall  be 
final ;  should  the  decision  of  the  inspector  be  sustained,  the 
said  owner  or  renter  shall  pay  the  expense  of  such  review ; 
but  should  it  be  reversed,  the  inspector  shall  restore  the 
certificate,  and  the  expense  of  the  review  shall  be  paid  by  the 
State ;  such  reviewers  shall  receive  five  dollars  for  each  day  or 
part  of  a  day  they  are  engaged  in  making  such  review. 

580.  Any  person  erecting  or  using  a  steam  boiler  without 
having  the  same  inspected  by  the  inspector  of  the  district  in 
which  the  said  boiler  is  located,  shall  pay  a  fine  of  one  hun- 
dred dollars,  and  fifty  dollars  for  each  day  any  such  boiler  is 
used  without  being  inspected  ;  and  any  person  who  shall  alter 
or  change  a  steam  gauge  or  weight  on  a  safety  valve  for  the 
purpose  of  carrying  a  greater  pressure  of  steam  on  a  boiler 
than  that  allowed  by  the  certificate  of  inspection,  shall  be 
liable  to  a  fine  of  five  hundred  dollars  ;  and  any  owner  or 
renter  of  a  steam  boiler  who  shall  neglect  or  refuse  to  place 
his  certificate  of  inspection  on  the  premises,  as  prescribed  in 
section  577  hereof,  shall  pay  a  fine  of  five  dollars  for  each 
day's  refusal  or  neglect. 

581.  The  inspector  shall  have  power  to  examine  the  engi- 
neers and  assistants  in  charge  of  boilers,  and  if  any  engineer 
or  assistant  is  found  incompetent  or  addicted  to  intemperance,  . 
the  inspector  shall  notify  the  owner  or  renter,  and  withdraw 
the  certificate  of  inspection  until  such  engineer  or  assistant  is 
displaced. 


•209 


582.  Before  issuing  any  certificate  of  inspection,  the  inspec- 
tors shall  demand  and  receive  from  the  owner  or  renter  of  the 
boiler,  as  a  compensation  for  the  inspection,  and  the  examina- 
tions to  be  made  during  the  year  as  hereinbefore  provided, 
the  following  sums :  For  ever}-  boiler  of  ten  horse-power  or 
less,  five  dollars;  when  the  boiler  is  above  ten  horse-power, 
five  dollars  for  the  first  ten,  and  twenty-five  cents  additional 
for  each  horse-power  in  excess  of  that  number. 

583.  It  shall  be  the  duty  of  each  inspector  to  keep  a  correct 
record  of  the  locations  of  all  boilers  in  his  district,  when  each 
boiler  was  inspected,  the  condition  of  the  same  at  the  time  of 
inspection,  the  instructions  given  to  the  engineers  in  charge, 
the  certificates  issued,  the  amount  of  steam  pressure  allowed 
in  each  certificate,  and  the  boilers  condemned  or  ordered  to  be 
repaired ;  also  a  correct  account  of  all  money  received  or  paid 
out ;  and  they  shall  report  the  same  annually  to  the  State 
Comptroller. 

584.  The  inspectors  shall  receive  an  annual  salary  of  fifteen 
hundred  dollars  each ;  and  all  moneys  collected,  after  deduct- 
ing the  necessary  incidental  expenses  of  the  office,  shall  be  paid 
over  to  the  Treasurer  of  the  State. 

585.  Nothing  in  this  sub-division  of  this  Article  shall 
conflict  with  the  ordinance  of  the  Mayor  and  City  Council  of 
Baltimore  which  requires  their  permission  for  the  erection  of 
steam  boilers  in  that  City.    • 

586.  Every  steam  boiler  insurance  company  doing  busi- 
ness in  this  State  shall  have  a  resident  inspector,  whose  duty 
it  shall  be  to  make  inspections  of  steam  boilers  submitted  for 
insurance  to  such  steam  boiler  insurance  company ;  and  any 
owner  or  renter  of  a  steam  boiler  who  has  the  same  insured  in 
a  steam  boiler  insurance  company  doing  business  in  this  State, 
in  compliance  with  the  laws  thereof,  and  having  a  resident 
inspector  and  an  established  system  of  inspection,  must  imme- 
diately after  the  first  annual  inspection  m  each  year  by  such 
resident  inspector  of  such  steam  boiler  insurance  company, 
present  to  the  State  inspector  of  the  district  in  which  the  said' 
steam  boilers  are  located,  the  certificate  of  inspection  of  the 
said  company ;  and  the  said  company  shall  be  charged  and 
chargeable  with  a  fee  of  one  dollar  for  each   and  every  boiler 

14 


210 


so  inspected  and  insured,  whicli  shall  be  paid  to  the  State 
Inspector  with  such  certificate ;  2Jrovided,  that  when  there  is 
more  than  one  steam  boiler  belonging  to  the  same  owner  or 
renter  so  insured,  then  the  fee  so  chargeable  to  the  insurance 
company  shall  be  one  dollar  per  boiler  for  the  first  five,  and 
one  dollar  for  each  additional  five  or  fraction  thereof  over  and 
above  the  first  five  ;  and  upon  the  acceptance  of  the  provisions 
of  this  section  bj  the  owner  or  renter  of  said  steam  boiler, 
the  said  owner  or  renter  shall  be  exempted  frc^m  the  require- 
ments of  this  sub-division  of  this  Article. 

587.  If  either  inspector  neglects  to  discharge  his  duties  as 
prescribed  in  this  sub-division  of  this  Ai-ticle,  he  shall  forfeit 
his  bond,  and  shall  be  removed  from  office  by  the  Governor. 

588.  The  Governor  shall  fill  all  vacancies  that  may  occur 
as  soon  as  possible. 

589.  All  fines  and  penalties  imposed  in  this  sub-division  of 
this  Article  shall  be  recoverable  by  indictment  before  the 
Criminal  Court  of  Baltimore,  or  before  any  Justice  of  the 
Peace  of  said  City,  in  the  name  of  the  inspector,  for  the 
benefit  of  the  State. 

Wood  Carts. 

590.  The  Governor  shall  biennially  appoint,  by  and  with 
the  consent  of  the  Senate,  one  competent  person,  whose  duty 
it  shall  be  to  measure  and  stamp  all  carts  or  vehicles  engaged 
in  hauling  cord  wood  from  wharf  and  yard  within  the  corpo- 
rate limits  of  the  City  of  Baltimore ;  and  it  shall  further  be 
the  duty  of  the  said  measurer  to  measure  and  stamp  all  carts 
or  vehicles  engaged  in  hauling  sawed  and  split  wood  for  the 
purpose  of  selling  the  same  within  the  corporate  limits  of  the 
City  of  Baltimore ;  the  said  measurer  shall  have  power  to 
appoint  deputies  if  he  shall  find  it  necessary  to  facilitate  the 
work ;  and  he  or  his  assistants  shall  give  certificates  to  the 
owners  of  said  carts  or  vehicles,  which  shall  hold  good  for  one 
year  from  date ;  all  such  certificates  shall  terminate  on  the 
first  day  of  May,  annually,  and  shall  be  applied  for  on  said 
day,  or  within  thirty  days  thereafter  ;  and  in  all  cases  where 
said  certificate  shall  not  have  been  renewed  within  the  thirty 
days  aforesaid,  a  new  certificate  shall  be  necessary,  to  be  dated 
and  paid  for  from  the  first  day  of  May,  as  in  case  of  renewal, 


211 


unless  some  repairs  or  alteration  be  necessary  to  change  tlie 
same,  for  which  services  he  shall  receive  the  sum  of  one  dollar 
for  each  cart  or  vehicle  so  inspected  and  marked  by  him,  to  be 
paid  by  the  party  at  whose  rec[uest  the  services  were  per- 
formed ;  the  said  measurer  or  his  deputies  shall  be  in  no  way 
interested  as  clerks,  or  otherwise  engaged  in  the  purchase  or 
sale  of  fire-wood,  other  than  for  their  own  use. 

591.  That  it  shall  be  unlawful  for  any  person,  in  either 
purchasing  or  selling  seasoned  cord  wood  in  quantities  of  not 
less  than  one-half  cord  at  any  one  time,  to  measure  and  settle 
for  the  same,  except  on  the  basis  of  one  hundred  and  twenty- 
eight  cubic  feet  to  each  cord  of  wood ;  and  that  the  said  con- 
tents of  a  cord  of  wood  shall  be  ascertained  by  lineal  or  out- 
side measurement,  as  follows  :  It  shall  be  eight  feet  long, 
four  feet  high  and  four  feet  wide. 

592.  That  any  person  violating  the  provisions  of  the  pre- 
ceding section,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  subject  to  a  fine  of  not  less 
than  fifty  nor  more  than  one  hundred  dollars,  one-half  to  go 
to  the  informer. 

593.  The  said  measurer  and  his  deputies,  before  entering 
upon  their  duties  of  ofiice,  shall  take  the  following  oath  or 
afiirmation,  as  the  case  may  be,  before  some  Justice  of  the 
Peace :  "  I  do  solemnly  swear  (or  aflirm)  that  I  will  faithfully, 
truly  and  impartially,  according  to  the  best  of  my  skill  and 
judgment,  execute  and  perform  the  ofiice  and  duty  of  measurer 
of  carts  according  to  the  true  intent  and  meaning  of  this  sub- 
division of  this  Article,  so  help  me  God." 

594.  Said  measurer  shall  locate  himself  in  some  suitable 
section  of  the  City,  where  he  can  be  found,  where  the  greatest 
quantity  of  wood  is  for  sale ;  he  shall  plainly  mark,  by  a  brand 
on  the  standards  of  each  side  of  said  carts  or  vehicles,  in  such 
a  manner  as  that  the  purchaser  or  consumer  of  fire-wood  may 
see  the  quantity  contained  in  each  eighth,  quarter,  half  or  cord 
of  wood  so  purchased  by  him,  the  standard  of  measurement 
to  be  one  hundred  and  twenty-eight  cubic  feet  to  the  cord  of 
well-stored  and  packed  cord  wood,  or  one  hundred  and  sixty 
cubic  feet  of  sawed  and  split  wood. 


212 


595.  All  stick  wood  sold  bj  retail  in  the  City  of  Baltimore, 
shall  be  measured  in  a  solid  frame  made  of  wood  or  iron ;  a 
frame  to  measure  one-eighth  of  a  cord  shall  be  two  feet  wide 
and  two  feet  high ;  a  frame  to  measure  one-fourth  of  a  cord 
shall  be  three  feet  wide  and  two  feet  eight  inches  high ;  a 
frame  to  measure  three-eighths  of  a  cord  shall  be  four  feet 
wide  and  three  feet  high  ;  and  a  frame  to  measure  one-half  of 
a  cord  shall  be  four  feet  wide  and  four  feet  high  ;  these  various 
dimensions  being  all  intended  to  import  inside  measurement ; 
all  frames  shall  be  measured  aud  stamped  every  year  by  the 
inspector  just  as  carts  are  measured  and  stamped. 

596.  If  any  wood  dealer  shall  sell  stick  wood  by  retail  in 
the  City  of  Baltimore,  measured  otherwise  than  in  a  frame,  he 
shall  be  subject  to  the  penalty  of  five  dollars  for  each  ofience ; 
one-half  of  the  penalty  to  go  the  informer ;  said  penalty  to  be 
recovered  before  some  Justice  of  the  Peace. 

597.  The  two  preceding  sections  shall  not  apply  to  the 
measurement  of  sawed  and  split  wood. 

598.  If  any  owner  of  a  cart  or  vehicle  to  be  used  in  hauling 
fire-wood  in  the  City  of  Baltimore  shall  neglect  to  have  such 
cart  or  vehicle  so  inspected,  and  if  any  carter  or  person  shall 
alter  the  marks  of  said  carts  or  vehicles  after  the  same  have 
been  so  inspected,  or  shall  alter  the  measurement  of  said  fire- 
wood by  increasing  or  taking  from  the  same,  or  neglect  to  have 
said  carts  or  vehicles  stamped,  as  j)rovided  for  in  this  sub- 
division of  this  Ai'ticle,  by  the  first  day  of  June  of  each  year, 
or  if  any  dealer  shall  sell  the  aforesaid  cord  or  sawed  and  split 
wood  to  any  cart  or  vehicle  not  properly  stamped  by  the  meas- 
urer or  his  deputies,  provided  for  by  this  sub-division  of  this 
Ai'ticle,  he  sliall  be  subject  to  the  penalty  of  five  dollars  for 
each  offence,  to  be  recovered  as  small  debts  are  now  recovered, 
before  some  Justice  of  the  Peace,  for  the  use  of  the  City  of 
Baltimore. 

599.  In  case  of  dispute  between  the  purchaser  and  seller  of 
any  lot  of  fire-wood,  the  measurer  or  his  deputy,  appointed 

'under  this  sub-division  of  this  Article,  may  act  as  arbitrator 
between  said  parties,  and  his  decision  shall  be  final;  for  which 
services  he  shall  receive  the  sum  of  six  and  one-quarter  cents 
for  each  cord  of  wood  so  inspected  and  measured  by  him,  to 


213 


be  paid  by  the  party  at  wliose  request  said  service  was  per- 
formed ;  tlje  said  measurer  or  deputy  to  give  a  certificate  of  the 
number  of  cords  contained  in  each  lot. 


JONES  S    FALLS. 

600.  None  of  the  provisions  of  this  Article  in  reference  to 
constructing  sewers  and  opening  and  paving  streets  in  the  City 
of  Baltimore  shall  apply  to  the  construction  of  the  sewers,  and 
to  the  opening  and  paving  of  the  streets  and  avenues  for  which 
provision  is  made  in  this  Article  relating  to  Jones's  falls,  save  in 
so  far  as  the  said  provision  may  be  made  applicable  thereto  by 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
passed  for  that  purpose ;  and  provided  further,  that  no  appeal 
shall  lie  from  the  decisions  of  the  Baltimore  City  Court  in 
proceedings  in  said  Court  under  the  provisions  of  this  Article 
relating  to  Jones's  falls. 

601.  All  of  the  provisions  of  an  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  entitled  an  ordinance  to  pro- 
vide for  the  improvement  of  Jones's  falls  within  the  limits  of 
the  City  of  Baltimore,  approved  January  31,  1870,  shall  have 
the  same  force,  effect  and  operation,  and  be  in  all  respects  as 
valid  as  if  the  said  ordinance  had  been  passed  after  the  approval 
of  the  Act  of  1870,  chapter  115,  or  had  been  passed  after  the 
•enactment  of  a  law  by  the  General  Assembly  of  Maryland 
authorizing  and  empowering  the  Mayor  and  City  Council  of 
Baltimore  to  pass  such  an  ordinance. 

JURORS. 

602.  The  Judges  of  the  Supreme  Bench  of  Baltimore  City, 
or  a  majority  of  them,  shall  meet  in  some  one  of  the  courtrooms 
of  the  City  of  Baltimore  on  such  days  as  the  said  Judges,  or  a 
majority  of  them,  shall  appoint,  in  the  month  of  April  in  each 
year,  and  shall  on  such  days  of  meeting,  select  fairly  and  im- 
partially, and  by  the  exercise  of  their  best  judgment,  the  names 
of  seven  hundred  and  fifty  persons,  or  thereabout,  qualified 
under  the  laws  of  this  State  to  be  grand  and  petit  jurors  in  the 
City  of  Baltimore.  They  shall  cause  the  names  of  the  persons 
so  selected  to  be  entered  in  a  proper  book,  and  shall  verify  the 
list  so  made  up  by  their  certificate  and  signatures.  The  said 
book  containing  the  said  list  shall  be  placed  in  the  custody  of 
the  Clerk  of  the  Superior  Court  of  Baltimore  City. 


214 


603.  In  order  to  assist  the  said  Judges  in  making  out  th& 
list  of  jurors  aforesaid,  the  City  Collector  of  the  City  of  Bal- 
timore, shall,  before  the  first  day  of  February  in  each  and 
every  year,  lodge  with  the  Clerk  of  the  Superior  Court  of  Bal- 
timore City,  for  the  use  of  said  Judges,  a  certified  list  of  so 
many  of  the  taxable  male  inhabitants,  resident  in  the  said  City, 
as  he  may  have  been  directed  to  furnish  by  the  order  of  said 
Judges,  or  a  majority  of  them,  setting  out  their  names  and 
places  of  residence,  so  far  as  the  same  may  be  ascertained ;  and 
the  said  Collector  shall  receive  for  such  service  a  compensation 
to  be  fixed  by  said  Judges,  and  he  shall  be  paid  as  jurors  are 
paid. 

604.  The  said  list  of  persons,  qualified  under  the  laws  of 
this  State  to  be  grand  and  petit  jurors  in  the  City  of  Baltimore, 
having  been  prepared  as  aforesaid,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  a 
majority  of  them,  to  meet  in  each  and  every  year  in  some  one 
of  the  courtrooms  of  the  City  of  Baltimore,  on  one  or  more 
days  to  be  appointed  by  them,  before  the  beginning  of  each 
regular  term  of  the  Criminal  Court  of  Baltimore,  which  said 
meeting,  or  the  last  of  which  said  appointed  meetings  shall  be  at 
least  ten  days  before  the  beginning  of  each  of  said  terms,  and  to 
select  from  said  list  the  names  of  twenty-three  persons,  who 
shall  constitute  and  be  the  grand  jurors  for  the  City  of  Baltimore 
for  the  ensuing  term  of  said  Criminal  Court  of  Baltimore ;  the 
list  of  grand  jurors  so  selected  shall  be  attested  by  the  signa- 
tures of  the  Judges  selecting  the  same,  and  be  given  forthwith 
to  the  Sheriff  of  Baltimore  City,  who  shall  immediately 
summon  the  persons  so  selected,  to  serve  as  grand  jurors  for 
the  City  of  Baltimore  at  the  ensuing  term  of  the  Criminal  Court 
of  Baltimore.  If  any  of  the  grand  jurors  so  selected  and  sum- 
moned shall  be  shown  to  be  disqualified,  or  be  from  any  sufii- 
cient  cause  excused  from  serving,  it  shall  be  the  duty  of  the 
said  Judges  of  the  Supreme  Bench  of  Baltimore  City,  or  of  a 
majority  of  them,  to  re-assemble  as  soon  as  they  are  notified 
thereof  by  the  Judge  of  the  Criminal  Court  of  Baltimore,  and. 
to  assemble  again,  from  time  to  time,  if  the  same  be  necessary, 
to  correct  and  complete,  in  the'  manner  hereinbefore  provided 
for,  the  said  Grand  Jury  for  the  City  of  Baltimore,  by  the  selec- 
tion of  proper  persons  as  aforesaid  from  the  list  of  qualified 
jurors  made  as  aforesaid,  omitting  in  said  selection  the  names 
of  persons  on  said  lists  who  may  have  been  drawn  to  serve  as. 
petit  jurors  in  other  Courts  of  said  City  at  said  term.     The 


215 


Judges  shall,  after  so  correcting  and  completing  the  list  of 
grand  jurors  for  the  City  of  Baltimore,  so  before  made  out  by 
them,  attest  the  said  list  of  grand  jurors  as  so  corrected,  hj 
their  certificate  and  signatures  thereto.  The  Judge  of  the 
Criminal  Court  of  Baltimore  shall,  at  the  beginning  of  each  . 
term  of  the  said  court,  designate  the  foreman  of  the  Grand 
Jury  for  the  City  of  Baltimore  for  the  said  ensuing  term,  from 
among  the  number  of  grand  jurors  selected  as  aforesaid  for 
said  City ;  and  in  case  of  the  disqualification,  sickness,  absence 
or  death  of  said  foreman,  or  of  any  foreman  of  said  Grand 
Jury,  may  designate  another  from  among  the  number  of  said 
Grand  Jury,  who  shall  act  as  such  foreman. 

604  ^«  Upon  the  organization  of  each  Grand  Jury,  as  pro- 
vided for  in  the  jjreceding  Section,  and  upon  their  request 
therefor  signified  to  the  Judge  or  Judges  for  the  time  being 
specially  assigned  to  and  sitting  in  the  Criminal  Court  of  the 
said  City,  the  said  Judge  or  Judges  may,  and  they  are  hereby 
authorized  and  empowered  to,  appoint  a  clerk,  who  shall  be  a 
competent  stenographer,  at  a  compensation  not  exceeding  the 
rate  of  fifteen  hundred  dollars  per  annum,  to  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  which  said  clerk  shall 
have  authority  to  take  and  transcribe  the  testimony  given 
before  any  Grand  Jury  in  said  City  of  Baltimore,  and  when- 
ever required  by  the  State's  Attorney  shall  attend  upon  and 
take  and  transcribe  the  testimony  given  at  Coroner's  inquests, 
and  all  of  the  said  testimony  so  taken  and  transcribed  shall  be 
for  the  exclusive  use  and  benefit  of  the  Grand  Jurv  and  the 
State's  Attorney  o"f  said  City,  unless  otherwise  ordered  by  the 
Court. 

604  B.  Any  clerk  appointed  under  the  provisions  of  the 
preceding  Section  shall  before  he  enters  upon  the  duties  of 
his  ojBfice  take  and  subscrilje  before  the  Clerk  of  the  Criminal 
Court  of  Baltimore  City  an  oath  that  he  will  keep  secret  all 
matters  and  things  occurring  before  such  Grand  Juries. 

604 1!'  It  shall  be  lawful  for  any  stenographer,  duly 
appointed  and  qualified  as  herein  provided,  to  attend  and  be 
present  at  the  sessions  of  every  Grand  Jury  empaneled  in  the 
said  City,  and  it  shall  be  his  duty  to  take  in  short  hand  the 
testimony  introduced  before  such  Grand  Juries  and  to  furnish 
to  the  Grand  Jury  and  the  State's  Attorney  of  said  City  a  full 


216 

copy  of  all  such  testimony  as  such  Grand  Jury  or  State's 
Attorney  shall  require,  and  he  shall  not  permit  any  other 
person  to  take  a  copy  of  the  same  nor  of  any  portion  thereof, 
nor  to  read  the  same  nor  any  portion  thereof,  nor  shall  he  dis- 
close the  character  or  any  of  the  contents  of  the  same  to  any 
person  or  persons  other  than  the  Grand  Jury  or  State's  Attor- 
ney for  said  City,  except  upon  the  written  order  of  the  Court 
duly  made  after  hearing  the  State's  Attorney.  All  of  the  said 
original  minutes  shall  be  kept  in  the  custody  of  said  State's 
Attorney,  and  neither  the  same  nor  a  copy  of  the  same  shall 
be  taken  from  the  office  of  said  State's  Attorney  excepting  for 
the  use  of  a  Grand  Jury  for  said  City  or  for  production  in 
Court,  without  an  order  of  Court  first  had  and  obtained,  as 
above  provided. 

604  !>•  Any  stenographer  appointed  as  aforesaid  who  shall 
violate  any  of  the  provisions  of  the  three  preceding  Sections 
with  regard  to  secrecy  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  on  conviction  thereof  shall  be  fined  not  exceed- 
ing one  thousand  dollars  or  imprisoned  in  jail  not  exceeding 
one  year,  or  be  both  fined  and  imprisoned,  in  the  discretion  of 
the  Court. 

605.  The  said  Judges  of  the  Supreme  Bench  of  Baltimore 
City,  or  one  or  more  of  them,  shall,  at  one  or  more  of  the 
meetings  provided  for  in  the  last  preceding  section  of  this 
sub-division  of  this  Article,  after  the  selection  of  the  grand 
juries  for  the  City  of  Baltimore,  as  provided  in  the  last  pre- 
ceding section,  cause  all  the  names  selected  by  the  Judges  as 
aforesaid,  remaining  upon  said  list  of  qualified  jurors,  to  be 
inscribed  upon  ballots,  which  shall  be  of  equal  size,  color  and 
appearance,  and  shall  be  colsely  folded  and  shall  be  placed 
by  one  of  such  Judges,  with  his  own  hands,  on  the  day  of  said 
meeting,  and  immediately  before  the  drawing  herein  provided 
for,  in  a  drawing  wheel  to  be  provided  for  that  purpose  by  the 
Sheriff  of  Baltimore  City,  under  the  direction  of  said  Judges  ; 
the  said  Judge  shall  then  cause  the  said  Sheriff,  or  such  one 
of  his  deputies  as  he  shall  designate,  to  appear  before  him ; 
and  it  shall  be  the  duty  of  the  said  Sherift"  or  his  said  deputy, 
in  the  presence  and  in  the  immediate  view  of  the  said  Judge 
or  Judges,  and  of  such  other  persons  as  may  choose  to  attend, 
to  dr^w  one  by  one  from  said  wheel  the  ballots  contained 
therein  until  four  hundred  of  said   ballots  have  been  drawn 


217 


therefrom  ;  and  the  said  Judge  or  Judges  shall  cause  the  said 
wheel  to  be  turned  upon  its  axis  before  the  commencement  of 
said  drawing,  and  after  the  ballots  have  been  deposited  therein, 
and  after  the  drawing  of  each  ballot,  and  before  the  drawing 
of  the  next,  until  four  hundred  of  said  ballots  shall  have  been 
drawn ;  and  said  Judge  or  Judges  shall  forthwith  cause  the 
names  appearing  upon  said  ballot  as  drawn,  together  with  the 
names  selected  as  grand  jurors,  to  be  duly  recorded  in  a  proper 
book  in  the  order  in  which  they  shall  have  been  chosen,  and 
in  which  said  Judge  or  Judges  shall  have  seen  them  drawn  as 
aforesaid,  which  said  Judge  or  Judges  so  attending  said  draw- 
ing shall  certify  at  the  foot  of  said  list  to  have  been  done. 

606.  After  four  hundred  of  the  names  in  the  box  shall  have 
been  drawn,  as  provided  by  section  605,  it  shall  be  the  duty  of 
said  Judge  or  Judges  who  shall  have  attended  said  drawing  to 
cause  the  names  of  the  said  several  panels,  and  the  names  of 
the  other  persons  drawn  as  aforesaid,  to  be  entered  in  two 
books,  in  addition  to  the  book  provided  in  section  605,  in  the 
order  in  which  the  said  panels  and  the  names  aforesaid  were 
drawn  ;  and  the  said  books  shall  be  certified  by  the  Judge  or 
Judges  who  shall  have  attended  said  drawing,  to  be  true  copies 
of  the  book  prescribed  in  section  605,  and  said  books  shall  be 
denominated  jury  books  for  Baltimore  City. 

607.  In  addition  to  the  four  hundred  names  to  be  drawn 
as  provided  by  section  605  of  this  Article,  it  shall  be  the  duty 
of  said  Judge  or  Judges  who  shall  attend  said  drawing  to  cause 
to  be  drawn  in  the  mode  pointed  out  in  said  section  605,  or  in 
such  other  mode  as  shall  be  prescribed  by  the  Supreme  Bench 
of  Baltimore  City,  one  hundred  additional  jurors,  or  such  other 
number  as  shall  be  deemed  necessary  to  be  drawn  by  the  Supreme 
Bench  of  Baltimore  City,  which  said  jurors  so  drawn,  together 
with  the  said  four  hundred  jurors,  shall,  under  such  regulations 
as  shall  'be  prescribed  by  the  Supreme  Bench  of  Baltimore 
City,  serve  from  time  to  time  as  jurors  in  the  common  law 
courts  of  Baltimore  City,  and  for  such  length  of  .time  as  said 
courts  shall  prescribe,  and  power  is  hereby  conferred  upon 
said  Supreme  Bench  of  Baltimore  City  to  prescribe  by  rule' 
for  the  mode,  time  and  place  for  the  drawing  of  jurors,  for  the 
organization  thereof,  and  for  the  distribution  among  the  said 
several  common  law  courts  of  Baltimore  City,  of  the  jurors 
whose  drawing  is  provided  for  by  the  several  sections  of  this 


218 

sub-division  of  this  Article,  and  to  regulate  the  length  of  time 
for  which  the  jurors  drawn  as  aforesaid  shall  serve. 

608.   When  the  jury  books  shall  have  been  prepared  and 
certified  as  directed  in  the  foregoing  section,  it  shall  be  the 
duty  of  the  said  Judge  or  Judges  by  whom  the  same  shall  have 
been  so  certified,  to  cause  one  of  the  said  books  to  be  deposited 
in  the  custody  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  and  one  in  the  custody  of  the  Sheriff  of  Baltimore  City, 
and  one  shall  be  retained  by  the  said  Judges  of  the  Supreme 
Bench  of  Baltimore  City,  or  by  such  one  of  their  number  as 
they  shall  appoint  for  the  purpose  of  verifying  the  list  of  persons 
so  delivered  as  aforesaid  to  the  Clerks  or  the  Sheriff  of  Balti- 
more City.     And  when  the  said  books  shall  have  been  deliv- 
ered to  the  said  Sheriff,  he  shall    immediately  summon    the 
several  jurors  drawn  for  the  several  panels  named  in  the  said 
book,  to  serve  in  the  court  for  which  they  have  been  respectively 
drawn,  at  such  time  as  shall  be  designated  by  the  court.     And 
in  addition  to  summoning  the  said  jurors  for  the  said  several 
panels,   the   said   Sheriff   shall  also  summon  such  additional 
number  of  persons,  whose  names  are  set  down  in  said  book, 
and  as  nearly  as  may  be  in  the  order  in  which  their  names  are 
so  set  down,  as  the  said  Judges  of  the  Supreme  Bench,  or  a 
majority  of  them,  shall  direct,  to  appear  in  the  room    of    the 
Superior  Court  of  Baltimore  City  at  the  same  time  with  the 
panel  for  said  court.    -  And  the  said  additional  number  of  jurors 
shall  constitute  a  reserve,  from  which,  without  further  summons, 
jurors  may  be  selected  to  serve  in  lieu  of  any  persons  drawn  for 
the  regular  panels  of  said  court  aforesaid,  who  may  not  be  found, 
fail  to  appear,  are  legally  disabled,  or  are  excused  or  excluded 
from  attending,  so  that  the  panels  may  be  completed  by  select- 
ing from  said  reserve,  in  the  following  order :     First,  for  the 
Superior  Court  of  Baltimore  City  ;  second,  the  Criminal  Court 
of  Baltimore ;  third,  the  Baltimore  City  Court ;  and  fourth,  the 
Court  of  Common  Pleas.    And  iintil  said  panels  have  been  com- 
pleted, said  reserves  shall  be  required,  iipon  the  order  of  the 
several  courts,  to  proceed  from  one  to  the  other  in  the  order  above 
mentioned  ;  and  when   all   said   panels   have  been   completed, 
those  persons  summoned  for  such  reserve,  and  not  empaneled, 
shall   be  discharged,  but   shall   not   thereby   be   excused   from 
service  when  resummoned  ;  and  in  empaneling  juries  for  said 
reserve  their  names  shall  be  called  in  the  order  in  which  they 
appear  in  said  book  ;  and   the  names  of  said  reserves  shall 
first  be  all  called  in  the  Superior  Court  of  Baltimore  City,  the 


219 


Judge  of  which  Court  shall  determine  upon  their  qualifica- 
tions as  jurors,  and  the  right  or  claim  of  any  members  of  said 
reserve  to  be  excused  or  exempted  from  service. 

609.  If  the  full  panels  of  jurors  for  the  said  several  courts 
shall  not  be  obtained  from  the  jurors  so  drawn  for  the  several 
panels  of  the  said  courts,  as  herein  provided,  or  from  said 
reserve,  by  reason  of  some  of  said  jurors  or  reserve  being 
legally  disabled  or  excused  from  attending,  or  not  being  found, 
or  from  other  causes,  the  Sheriff,  upon  being  notified  by  any 
of  said  Judges  what  additional  number  of  jurors  is  required 
for  the  court  in  which  he  presides,  shall  proceed  to  complete 
the  said  panel  in  which  jurors  are  needed,  by  summoning  in 
the  stead  of  such  jurors  such  number  of  persons  as  said  Judge 
may  direct,  of  the  persons  whose  names  are  set  down  in  the 
said  jury  book  next  after  the  regular  panels,  and  after  those 
persons  who  have  been  summoned  as  the  reserve  hereinbefore 
provided  for  ;  and  he  shall  summon  such  persons,  as  near  as  he 
can  reasonably  do  so,  in  the  order  in  which  they  are  set  down 
in  said  book,  and  their  names  shall  be  called  for  empaneling 
in  the  order  in  which  they  appear  in  said  book. 

610.  If  at  any  trial  of  any  cause  in  any  of  the  several 
courts  as  aforesaid,  tales  de  circumstantibus,  shall  be  ordered,  it 
shall  be  the  duty  of  the  Sheriff  to  summon  such  talesmen,, 
those  who  are  entered  in  said  book  and  are  not  upon  the 
regular  panels  as  aforesaid ;  and  such  talesmen  shall  be  sum- 
moned and  called  to  be  sworn  or  aflirmed  upon  the  voir  dire, 
or  otherwise,  in  the  order  in  which  their  names  are  set  down 
in  said  jury  book,  unless  the  sheriff*  or  his  deputy  in  that 
behalf  shall  swear  that  he  has  made  true  and  diligent  search 
for  such  persons  as  do  not  appear,  and  that  they  cannot  be 
found,  or  unless  being  summoned  such  persons  have  failed  to 
appear,  or  unless  the  State's  Attorney  or  his  deputy,  and 
counsel  for  the  traverser,  or  the  counsel  for  the  parties  liti- 
gant, with  the  consent  of  the  court,  shall  waive  said  order  for 
summoning  and  swearing  or  affirming  such  talesmen ;  but  if 
said  affidavit  shall  have  been  made  b}^  said  Sherift*  or  his 
deputy,  or  if  such  persons  shall  fail  to  appear  after  having 
been  summoned  as  aforesaid,  or  the  said  waiver  shall  be  made 
with  the  consent  of  the  court,  then  such  of  the  talesmen  as 
have  been  properly  summoned  and  have  appeared  shall  be 
called  to  be  sworn  in  the  order  in  which  their  said  names  are 
recorded  in  the  jury  book  aforesaid ;  or  whenever  in  either  of 


220 


said  courts  it  shall  be  iiecessarj  to  summon  talesmen,  the 
Judges  of  the  said  courts,  respectively,  instead  of,  or  in  addi- 
tion to,  resorting  to  the  foregoing  provisions  of  this  section 
for  the  summoning  of  talesmen,  may  order  the  Sheriff  to  sum- 
mon as  such  talesmen,  any  of  the  jurymen  in  attendance  upon 
either  of  the  said  courts,  except  said  Criminal  Court  of  Balti- 
more, who  may  not  then  be  engaged  as  a  part  of  any  special 
panel ;  and  if  it  should  happen  at  any  time  that  in  summon- 
ing talesmen  for  any  of  the  said  courts,  the  Sheriff  shall 
exhaust  the  whole  list  of  the  names  drawn  from  the  said  wheel, 
as  provided  in  this  sub-division  of  this  Article,  it  shall  be  his 
duty  immediately  to  make  report  thereof,  verified  by  his 
affidavit  or  affirmation,  to  the  Supreme  Bench  of  Baltimore 
City,  and  thereupon  the  said  Judges,  or  one  of  them,  shall 
immediately  cause  the  Sheriff,  or  his  deputy  to  be  designated 
by  him,  to  appear  before  such  Judge,  in  some  one  of  the 
courtrooms  in  said  City,  and  cause  such  additional  number  of 
names  as  shall  be  designated  by  the  Judge  of  the  Court  for 
which  such  talesmen  are  needed,  to  be  drawn  from  the  names 
selected  by  said  Judges  as  aforesaid,  and  still  remaining  upon 
said  list  of  qualified  jurors,  and  from  such  further  names,  if 
any,  as  the  Judges  of  the  Supreme  Bench,  or  a  majority  of 
them,  shall  select  and  cause  to  be  added  to  said  list ;  and  the 
said  drawing  shall  be  made,  and  the  names  drawn  shall  be 
recorded  in  the  manner  provided  in  sections  605  and  606 ; 
and  the  talesmen  shall  be  summoned  from  such  additional 
number  of  persons  so  drawn  in  the  manner  hereinbefore 
directed. 


611.  Every  petit  juror  sworn  upon  any  special  panel  shall 
continue  to  serve  thereon  until  discharged  by  the  court,  not- 
withstanding the  expiration  of  his  term  of  three  weeks,  afore- 
said ;  but  no  one  summoned  as  a  juror  shall  be  excused  from 
service  except  in  open  court,  on  good  cause  shown  to  the 
satisfaction  of  the  court ;  and  if  any  juror  summoned,  and  not 
excused,  shall  fail  to  attend  the  said  court  until  duly  discharged, 
he  shall  be  fined,  for  the  use  of  the  said  City,  not  less  than 
twenty  nor  more  than  two  hundred  dollars,  to  be  recovered  by 
attachment,  or  such  other  appropriate  process  as  the  said  court 
may  direct. 

612.  It  shall  be  the  duty  of  said  Judges,  or  a  majority  of 
them,  to  assemble  as  hereinbefore  in  this  sub-division  of  this 


221 


Article  provided,  on  the  Thursday  preceding  the  fourth  Mon- 
day of  each  term,  and  thereafter  so  long  as  a  jury  may  be 
required  for  any  of  said  courts,  from  three  weeks  to  three 
weeks  during  each  term  of  each  of  the  said  courts  which  may 
require  the  attendance  of  a  jury;  at  such  meetings  the  said 
Judges,  or  a  majority  of  them,  shall  cause  the  names  of  those 
who  have  served  on  any  of  the  regular  panels  of  the  aforesaid 
courts  since  the  making  of  the  list  of  qualified  jurors  as  afore- 
said to  be  stricken  from  said  list ;  and  the  persons  whose  names 
are  so  stricken  from  said  list  shall  not  be  liable  to  serve  ugain 
as  jurors  for  two  years,  accounting  from  the  beginning  of  the 
term  for  which  their  names  were  so  entered  on  the  list  of  quali- 
fied jurors;  the  said  Judges,  or  a  majority  of  them,  shall  then 
add  to  said  list  of  qualified  jurors  such  qualified  persons  as 
shall  sufiice  to  make  up  the  number  of  seven  hundred  and  fiftv 
qualified  persons,  or  thereabouts.  From  the  said  whole  number 
the  jurors  to  serve  for  three  weeks  from  the  ensuing  Monday 
shall  then  be  drawn  for  the  said  courts,  and  their  names  be 
recorded  in  the  said  jury  books  in  the  manner  hereinbefore 
provided  by  this  sub-division  of  this  Article,  under  the 
superintendence  of  one  or  more  of  said  Judges.  And  if,  at 
the  time  of  any  drawing,  juries  shall  not  be  required  for  all  of 
said  courts,  then  it  shall  not  be  necessary  to  draw  panels  for 
the  court  not  requiring  them,  but  jurors  shall  be  drawn  for  such 
courts  only  as  may  need  them,  in  the  manner  hereinbefore 
provided  in  this  Article  relating  to  jurors,  so  far  as  concerns 
the  courts  requiring  such  juries ;  and  besides  summoning  said 
panels  for  the  said  courts,  the  Sheriff"  shall  also  summon  at  the 
same  time  such  number  of  reserves  as  he  may  be  required,  by 
the  Judges,  or  a  majority  of  them,  as  provided  by  section  608 ; 
and  said  reserves  shall  also  be  liable  to  service  as  in  said 
section  mentioned. 

613.  If  it  should  happen  that  the  said  lists  of  persons 
competent  to  act  as  jurors,  other  than  the  regular  panels  as 
aforesaid,  should  at  any  time  be  exhausted  as  talesmen,  it  shall 
also  be  competent  for  the  Sherift'  to  summon  as  talesmen  any 
of  the  regular  panels  in  any  of  the  other  of  said  courts  in 
Baltimore  City  who  may  be  at  the  time  of  such  summons  not 
engaged  as  part  of  any  special  panel  in  any  of  the  said  courts ; 
but  it  is  herein  provided  that  whenever  any  part  of  the  regular 
panel  of  any  court  shall  be  by  the  Sheriff  as  aforesaid 
summoned  to  attend  in  another,  as  talesman,  jurors  of  the 
regular  panel  of  the  court  in  which  talesmen  are  required,  or  so 


222 


many  of  tliem  as  shall  be  needed,  shall  be  by  the  said  Sheriff 
notified  to  attend  in  the  courts  from  which  regular  jurors  have 
been  withdrawn  ;  and  the  said  jurors  shall  attend  accordingly 
in  the  said  courts  until  the  regular  jurors  of  said  court  are 
discharged  from  the  court  in  which  they  shall  be  required  to 
serve  as  talesmen  as  aforesaid. 

614.  Any  person  who  shall  fraudulently  mark  or  designate 
Or  open  or  leave  open,  or  cause  or  knowingly  permit  to  be 
marked  or  designated,  or  to  be  opened  or  left  open  any  ballot 
for  jurors  which  shall  be  prepared  for  the  purpose  of  being 
drawn  under  this  sub-division  of  this  Article,  or  who,  by  any 
fraudulent  contrivance,  device  or  collusion  whatever,  shall  pre- 
pare or  arrange,  or  cause,  or  knowingly  permit  to  be  prepared 
or  arrange  any  ballot  aforesaid,  so  that  the  same  or  any  there- 
of may  be  known  or  recognized  in  the  drawing  thereof,  or  may 
be  drawn  in  preference  to  others,  or  for  the  purpose  of 
their  being  so  known  or  recognized,  or  being  so  drawn  or 
omitted  to  be  so  drawn;  and  any  person  who  shall  in 
any  way  fraudulently  or  collusively  deal  with  the  ballots 
aforesaid,  or  any  of  them,  or  with  the  drawing  thereof, 
or  with  the  preparation  or  folding  of  said  ballots,  or 
with  the  wheel  aforesaid,  so  that  the  fair  operation  and 
lawful  and  impartial  execution  of  the  provisions  of  this  sub- 
division of  this  Article  in  relation  to  the  selection  of  jurors  in 
the  City  of  Baltimore  shall  be  knowingly  prevented  or  inter- 
fered with,  or  with  intent  to  interfere  with  or  prevent  the  same, 
or  to  permit  or  allow  the  same  to  be  interfered  with  or  pre- 
vented, shall  be  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  sentenced  to  be  confined,  in  the  discretion  of 
the  Court,  in  the  Penitentiary  or  Maryland  House  of  Correc- 
tion for  a  term  of  not  less  than  one  nor  more  than  three  years. 

615.  AH  special  juries  authorized  by  law  to  be  summoned 
shall  be  summoned  by  the  Sheriff  of  Baltimore  City  from 
those  whose  names  may  be  inscribed  in  the  jury  book  as  then 
revised. 

616.  If  any  Sheriff'  of  Baltimore  City,  or  any  deputy 
thereof,  shall  wilfully  violate  the  provisions  of  this  sub- 
division of  this  Article  relating  to  juries,  the  said  Sheriff'  shall 
forfeit  the  sum  of  one  thousand  dollars,  which  shall  be  recov- 
ered by  civil  action  in  the  name  of  the  State  against  the 
Sheriff  and  the  sureties  on  his  bond  in  that  behalf,  and  one- 
half  of  the  penalty  shall  be  paid  to  the  informer. 


223 


617.  Any  two  of  the  Judges  of  the  Supreme  Bench  of 
Baltimore  City  may  constitute  a  quorum  at  any  meeting  held 
under  the  provisions  of  this  sub-division  of  this  Article,  and 
may  exercise  all  the  powers  reposed  in  the  said  Judges. 

618.  In  all  criminal  cases  in  which  the  person  indicted  has 
or  may  have  the  right  of  peremptory  challenge,  the  State's 
Attorney  shall  have  the  right  to  challenge  peremptorily  any 
number  of  jurors  not  exceeding  five. 

619.  The  Grand  Jury  shall  at  each  term  of  the  court  visit 
the  jail,  and  inquire  into  its  condition,  the  manner  in  which  it 
is  kept  and  the  treatment  of  the  prisoners,  and  report  the 
same  to  the  court. 

620.  All  the  provisions  of  this  sub-division  of  this  Article 
relating  to  the  mode  of  drawing  and  summoning  jurors  shall 
be  construed  as  directory  merely,  and  no  indictment  oj-  pre- 
sentment for  any  felony  or  misdemeanor  shall  be  quashed,  nor 
shall  any  judgment  upon  any  indictment  or  presentment, 
whether  after  verdict,  by  confession  or  otherwise,  be  stayed  or 
reversed,  nor  shall  any  challenge  to  the  array  of  jurors  be 
allowed  because  of  any  failure  by  the  Judges,  or  the  clerks,  or 
the  Sheriff,  to  comply  with  the  provisions  of  law  relating  to 
the  drawing  of  jurors  in  the  City  of  Baltimore ;  provided, 
nevertheless,  that  if  any  officer  concerned  in  the  drawing  of 
said  jurors  shall  wilfully  neglect  to  perform  any  duty  imposed 
upon  him  by  law,  he  shall  be  liable  to  indictment  in  the  Crim- 
inal Court  of  Baltimore,  and  upon  conviction  shall  be  fined 
the  sum  of  one  thousand  dollars. 

Pay  of  Jurors. 

621.  Jurors  in  any  of  the  courts  of  the  City  of  Baltimore 
shall  receive  one  dollar  and  a-half  per  day  for  each  and  every 
day  they  shall  attend  the  several  courts  of  this  State  in  said 
City  as  jurors  ;  and  it  shall  be  the  duty  of  the  clerk  of  the 
court  to  which  the  jurors  shall  be  summoned,  to  furnish  on 
the  day  their  services  shall  terminate,  to  each  juror,  a  certifi- 
cate, showing  the  days  he  has  been  in  attendance  on  tbe  court, 
and  the  amount  payable  to  him  for  such  service  ;  and  the  City 
Register  shall  pay  the  jurors  the  sums  payable  for  such  ser- 
vice in  cash,  and  immediately  upon  the  presentation  and  sur- 
render of  such  certificate,  with  the  receipt  of  the  juror,  and 


224 


said  payment  shall  not  be  demanded  save  upon  the  surrender 
of  said  certificates,  and  the  said  certificates  shall  not  be  the 
subject  of  assignment. 

Volunteer  3IUitia  Exempt  from  Jury  Duty. 

622.  All  certificates  of  membership  of  any  legally  organ- 
ized volunteer  company  of  the  militia  shall  be  signed  by  the 
commanding  officer  thereof,  which  certificates  shall  be  issued 
on  or  before  the  first  day  of  April  in  each  year  to  such  persons 
as  may  then  compose  the  uniformed  and  active  members  of 
said  company  ;  every  such  company  may  receive  and  have  as 
many  honorary  members  as  it  has  active  and  uniformed  mem- 
bers, and  no  more,  on  payment,  in  advance,  by  each  person 
desiring  to  become  such  honorary  member,  of  not  less  than 
ten  dollars  per  annum  ;  which  said  money  shall  be  received  by 
the  commanding  officer  of  the  company,  and  be  by  him  applied 
to  the  payment  of  armory  rent  or  the  purchase  of  uniforms  for 
the  rank  and  file  of  the  active  members  of  his  company,  or  to 
such  purposes  as  may  be  authorized  by  the  by-laws  of  said 
company  ;  and  the  commanding  officer  of  every  company  shall, 
on  or  before  the  first  day  of  June  and  December  of  every  year, 
render  to  the  Adjutant  General  an  account  of  the  money  so 
received  and  expended  by  him,  and  every  such  honorar}'^ 
member  shall  be  entitled  to  receive  a  certificate  of  honorary 
membership  of  the  company,  to  be  signed  as  aforesaid,  and 
bearing  date  at  the  time  of  its  issue;  which  certificates  of 
membership,  whether  of  uniformed  and  active  members  or  of 
honorary  members,  shall  exempt  the  person  therein  named 
from  jury  duty  for  the  period  of  one. year  from  the  date  of  his 
said  certificate;  provided,  he  files  his  said  certificate  with  the 
clerk  of  the  court  before  the  drawing  of  the  jury. 

JUSTICES    OF    THE    PEACE    AND    CONSTABLES. 

623.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  seven  Justices  of  the  Peace  from  the 
first  legislative  district  of  Baltimore  City,  one  from  each  of  the 
wards  thereof,  and  three  Justices  of  the  Peace  at  large  from 
said  dii'trict;  seven  Justices  of  the  Peace  from  the  second 
legislative  district  of  Baltimore  City,  one  from  each  of  the 
wards  thereof,  also  five  Justices  of  the  Peace  at  large  from  said 
second  legislative  district;  eight  Justices  of  the  Peace  from  the 
third  legislative  district  of  Baltimore  City,  one  from  each  of  the 
wards  thereof,  and  five  Justices  of  the  Peace  at  large  from  said 


225 


disti'ict;  and  twelve  Justices  of  the  Peace  from  the  City  of 
Baltimore  at  large,  who  shall  be  appointed  from  such  ward  or 
wards  as  the  Governor  may  elect  or  determine. 

624.  Each  of  said  Justices  of  the  Peace  before  entering 
upon  the  duties  of  his  office  shall  give  to  the  State  of  Maryland 
a  good  and  sufficient  bond,  with  a  surety  or  sureties  to  be 
approved  by  the  Judge  of  the  Superior  Court  of  Baltimore 
City,  in  the  penalty  of  five  thousand  dollars,  with  conditions 
that  he  will  truly  and  faithfully  discharge,  execute  and  perform 
all  and  singular  the  duties  and  obligations  of  the  office  of 
Justice  of  the  Peace,  and  that  he  will  account  for  and  pay  over 
to  the  Clerk  of  the  Court  of  Common  Pleas  and  to  the  Register 
of  the  City  of  Baltimore,  respectively,  all  fines,  penalties  and 
forfeitures,  or  the  portion  thereof  which  he  is  bound  to  account 
for  and  pay  over  to  said  resjoective  officers,  and  that  he  will 
faithfully  and  truly  account  for  and  pay  over  to  the  person  or 
corporation  entitled  to  receive  the  same,  all  money  belonging 
to  such  person  or  corporation  which  may  come  into  his  hands 
as  such  Justice  of  the  Peace. 

625.  The  Justices  of  the  Peace  for  said  City  shall  keep 
their  places  of  official  business  open  each  and  every  day 
(Sunday  excepted),  from  the  hour  of  eight  o'clock  in  the  fore- 
noon until  one  o'clock  in  the  afternoon,  and  from  three  o'clock 
in  the  afternoon  until  six  o'clock  in  the  afternoon. 

626.  No  Justice  of  the  Peace,  in  any  case  of  debt  or 
damages  whatever,  shall  issue  a  summons,  except  on  applica- 
tion for  the  same  by  the  plaintiff  or  his  attorney  in  person,  or 
in  writing  accompanied  with  the  cause  of  action  in  said  case ; 
nor  an  execution,  except  upon  the  order,  in  person  or  in  writ- 
ing, of  the  plaintifl^  or  his  attorney ;  and  if  any  Justice  of  the 
Peace  for  said  City  shall  issue  a  summons  or  execution  contrary 
hereto,  or  if  any  constable  shall  serve  the  same  knowingly, 
such  Justice  or  constable  shall  be  liable  to  indictment  in  the 
Criminal  Court  of  Baltimore,  and  on  conviction  shall  be  dis- 
qualified from  holding  his  office. 

627.  Every  writ  of  replevin  or  summons  issued  by  said 
Justice  shall  be  made  returnable  before  the  same  or  any  Justice 
of  the  Peace  of  the  ward  in  which  the  defendant  may  reside, 
and  the  defendant  shall  have  his  election  to  have  his  case  tried 
before  the  Justice  who  issued  the  writ  of  replevin  or  summons, 
or  before  the  Justice  of  the  ward  in  which  he  resides. 

15 


9  op, 


628.  The  Justices  of  said  City  when  called  out  of  their 
offices  on  business  not  judicial,  may  receive  such  compensation 
for  their  services,  in  addition  to  their  fees  of  office,  as  the  party 
requiring  their  services  may  allow  them. 

629.  Each  of  the  Justices  of  the  Peace  appointed  for  any 
legislative  district  shall  keep  his  office  within  the  limits  of  the 
legislative  district  for  which  he  may  have  been  appointed, 
except  as  provided  in  the  succeeding  section. 

630.  It  shall  be  the  duty  of  the  Governor,  after  the  appoint- 
ments of  the  Justices  of  the  Peace,  provided  for  in  section  623, 
to  select  from  the  Justices  of  the  Peace  so  appointed,  a  Justice 
of  the  Peace  to  sit  at  each  station  house  in  the  City  of  Balti- 
more, and  in  addition,  one  Justice  of  the  Peace  to  act  at  such 
times  and  places  as  hereinafter  provided  for ;  each  Justice  so 
selected,  shall  keep  his  office  at  the  station  house  for  which 
he  was  appointed,  and  shall  attend  at  such  station  house  from 
nine  o'clock  A.  M.  until  twelve  o'clock  M.,  in  every  day  in  the 
week,  except  Sunday,  and  from  two  o'clock  P.  M.  until  four 
o'clock  P.  M.,  in  every  day,  except  Sunday;  and  on  every  Sun- 
day in  each  year,  shall  attend  at  the  station  house  for  which 
he  was  appointed,  from  nine  o'clock  A.  M.  until  eleven  o'clock 
A,  M. ;  and  at  each  of  said  respective  sittings,  hereinbefore 
provided  for,  shall  perform  all  the  duties  which  he  is  required 
by  law  to  perform ;  the  attendance  at  any  station  house  of  the 
additional  Justice  of  the  Peace  shall  be  regulated  and  con- 
trolled by  the  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  or  by  the  State's  Attorney  for  Baltimore  City ;  the 
said  respective  Justices  of  the  Peace,  as  selected,  to  sit  at  any 
station  house  in  the  City  of  Baltimore,  shall  transact  no  other 
business  at  such  station  house,  except  the  business  required  of 
them  by  the  seven  preceding  sections  to  be  by  them,  respect- 
ively, performed  at  each  station  house. 

631.  Where  there  is  an  arrest  by  an  officer  of  the  Police 
Department  in  the  City  of  Baltimore  of  any  person  for  viola- 
tion of  an  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more or  a  statute  of  the  General  Assembly  of  the  State  of 
Maryland,  punishable  by  fine  and  not  by  imprisonment,  during 
the  hours  when  the  Police  Magistrates  are  not  at  their 
respective  station  houses,  the  police  captain,  lieutenant  or 
other  officer  on  duty  and  in  charge  of  such  station  is  hereby 
authorized  and  empowered   to  release   for   the  next  hearing 


227 

before  the  Police  Magistrate  any  person  so  arrested  upon  a 
deposit  of  an  amount  equal  to  the  fine  or  costs  or  penalty  imposed 
if  found  guilty,  as  surety  for  such  appearance,  and  after  the 
hearing  the  deposit  is  to  be  returned  to  the  depositor  if  the 
complaint  is  dismissed,  if  otherwise  it  is  to  be  appropriated 
as  designated  by  law. 

632.  It  shall  be  the  duty  of  each  Justice  of  the  Peace  so 
selected  to  sit  at  any  station  house  in  the  City  of  Baltimore  to 
hear  all  charges  made  against  any  person  because  of  the  alleged 
commission  by  such  person  of  any  criminal  ofience ;  it  shall 
be  the  duty  of    said  Justices  to  examine  carefully  into  every 
such  charge,  to  the  end  that  while  justice  shall  be  done,  no 
person  shall  be  subjected  to  costs  or  imprisonment  without 
sufficient  cause ;  each  of  the  said  Justices  of  the  Peace  shall 
have  power  to  hear,  try  and  determine  the  case  of  every  person 
who  may  be  arrested  and  brought  before  him  in  the  said  City 
of  Baltimore,  charged  with  being  a  tramp,  who  is  or  may  be 
punishable    as  such    under    sections  275  and  276  of  Article 
27  of  the  Code  of  Public  General  Laws,  title  "Crimes  and 
Punishments  ; "  and  to  hear,  try  and  determine  the  cases  of  all 
persons   arrested   and  brought   before   him  charged  with   any 
offence   specified  in  sections  67  and  68  of  the  same  Article,  or 
in  sections   881  to   884  of  this  Article,  relating  to  "Vagrant 
Children;"  and  to  hear,  try  and  determine  the  cases  of  all 
persons  brought  before  him  charged  with  assault  or  with  assault 
and  battery;  and  to   hear,  try  and  determine   all  charges  of 
carrying  concealed  weapons,  and  all  prosecutions  or  criminal 
proceedings   for  an  act  done  or  omitted  to  be  done  in  the  City 
of  Baltimore,  the  doing  of  which  act  or  the   omission  to  do 
which  act,  which  is  or  may  be  punishable  under  any  Act  of 
Assembly  of  this  State  or  under  any  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,   by  pecuniary   fine   only  not 
exceeding  one  hundred  dollars ;  but  it  shall  be  the  duty  of  the 
said  Justice,  before  proceeding  to  hear,  try  and  determine  any 
of  the  charges  aforesaid,  to  inform  the  party  or  parties  charged 
therewith  of  his  or  their  respective  right  to  a  jury  trial ;  and 
if  a  jury  trial  be  so  prayed,  or  if  the  State's  Attorney  for  said 
City  shall  before  trial  for  the  alleged  offence  pray  a  jury  trial 
on  the  part  of  the  State,  the  Justice  shall  forthwith  commit  or 
hold  the  party  to    bail    for  trial    in    the    Criminal    Court  of 
Baltimore  and  endorse  on  the  commitment  or  recognizance  the 
fact  of  a  jury  trial  having  been  prayed ;  it  is,  however,  hereby 
expressly  provided  that  the  said  Justices  shall  not  have  power  to 


228 

try  and  determine  any  violation  of  the  Code  of  Public  General 
Laws  of  this  State  relating  to  licenses,  except  violations  of  the 
laws  relating  to  hawkers  and  peddlers,  which  they  shall  have 
jurisdiction  to  try  and  determine,  and  shall  not  have  power  to 
try  and  determine  any  violations  of  the  laws  relating  to  Sab- 
bath-breaking, but  shall  cause  all  such  offenders  against  the 
said  provisions  of  said  Code  of  Public  General  Laws,  except 
as  aforesaid,  to  be  committed  or  held  to  bail  for  trial  in  the 
Criminal  Court  of  Baltimore. 


633.  In  all  criminal  prosecutions  or  proceedings  which, 
under  the  provisions  of  the  preceding  section,  may  be  heard, 
tried  and  determined  before  a  Justice  of  the  Peace  sitting  at  a 
station  house  in  the  City  of  Baltimore,  it  shall  be  the  duty  of 
such  Justice  of  the  Peace  before  whom  such  case  is  tried,  in 
the  event  of  the  conviction  of  the  accused  at  the  said  trial,  to 
impose  upon  the  said  accused  so  convicted,  the  fine,  or  the  fine 
and  punishment  perscribed  in  case  of  such  conviction  by  the 
Act  of  Assembly  of  this  State,  or  by  the  ordinance  of  the 
Mayor  and  City  Council  of  Baltimore,  for  the  violation  of  which 
the  accused  was  so  tried.  Any  person  sentenced  to  the  payment 
of  any  fine,  and  to  the  payment  of  the  costs  of  his  prosecution, 
who  shall  not  forthwith  pay  the  said  fine  and  the  costs  of  said 
prosecution,  shall  be  committed  by  such  Justice  of  the  Peace 
to  the  jail  of  Baltimore  City  until  such  fine  and  costs  are  paid, 
or  until  the  said  person  shall  be  discharged  from  such  jail  by 
due  course  of  law. 


634.  When  a  person  charged  with  any  offence  referred  to 
in  this  sub-division  of  this  Article,  or  the  State's  Attorney, 
shall  pray  a  jury  trial,  the  Justice  of  the  Peace  shall,  in 
addition  to  his  duties  prescribed  in  section  632,  endorse  upon 
said  commitment  or  recognizance  the  names  and  residences  of 
the  witnesses  for  the  prosecution ;  and  such  commitment  or 
recognizance  so  endorsed  shall  be  returned  forthwith  to  the 
Clerk  of  the  said  Criminal  Court  of  Baltimore. 


635.  The  Justice  of  the  Peace,  so  selected  to  sit  at  any 
station  house,  may  be  changed  from  time  to  time  by  the 
Governor,  at  his  discretion,  and  any  other  Justice  of  the  Peace 
may  be  selected  by  the  Governor  to  perform  the  said  duties  at 
said  station  house. 


229 


636.  Each  Justice  of  the  Peace  selected  to  sit  at  a  station 
house  in  the  City  of  Baltimore  shall  receive  the  sum  of  one 
hundred  and  seventy-five  dollars  per  month,  or  a  proportionable 
part  thereof,  so  long  as  he  shall  continue  to  act  at  a  station 
house  in  said  City,  under  the  selection  of  the  Governor ;  which 
sum  of  money  shall  be  paid  to  him  by  the  City  Register  at 
the  end  of  each  month  of  his  said  service,  or  a  proportionable 
part  thereof,  at  the  end  of  any  portion  of  a  month  at  which 
the  service  of  such  Justice  of  the  Peace  at  said  station  house 
may  terminate,  upon  the  certificate  of  the  Board  of  Police 
Commissioners  of  Baltimore  City,  that  such  service  has  been 
rendered  under  the  appointment  of  the  Governor  as  aforesaid ; 
and  no  Justice  of  the  Peace  selected  for  a  station  house  shall 
be  permitted  to  charge  any  fee,  or  receive  any  gratuity  for 
granting  any  release,  or  for  the  performance  of  any  duty 
required  by  law. 

637.  If  any  Justice  of  the  Peace  who  has  been  selected  as 
aforesaid  to  sit  at  any  station  house  in  the  City  of  Baltimore 
is  unable,  by  reason  of  sickness  or  other  unavoidable  cause,  to 
attend  to  his  duty  at  said  station  house,  or  fails  to  attend  at 
said  station  house,  at  any  time,  when  his  presence  is  there 
required,  it  shall  be  the  duty  of  the  Board  of  Police  Com- 
missioners of  Baltimore  City  to  require  another  Justice  of  the 
Peace  to  perform  the  duties  at  said  station  house,  of  the  said 
Justice  of  the  Peace  so  sick  or  absent ;  and  it  shall  be  the 
duty  of  the  Justice  of  the  Peace  so  required  to  perform  said 
duties  at  said  station  house,  to  perform  the  same  so  long  as 
may  be  necessary,  or  until  the  Governor  shall  select  another 
Justice  to  perform  said  duties ;  the  Justice  of  the  Peace  so 
required  to  perform  said  duties  at  said  station  house,  by  the 
said  Board  of  Police  Commissioners,  in  place  of  the  Justice 
selected  by  the  Governor,  shall  receive  six  dollars  per  day  for 
every  day  he  shall  actually  serve  at  such  station  house ;  which 
pay  shall  be  deducted  from  the  pay  provided  to  be  paid  to  the 
Justice  selected  to  sit  at  such  station  house  and  failing  to  attend  ; 
provided,  that  said  pay  of  the  said  Justice  who  may  sit  in  the 
absence  of  the  Justice  so  selected  to  sit  at  any  station  house, 
shall  not  be  deducted  from  the  pay  of  the  said  last-named 
Justice,  if  the  said  Board  of  Police  Commissioners  shall  certify 
that  such  absence  was  by  reason  of  his  necessary  attendance 
upon  any  court  or  Justice  of  the  Peace  of  said  State,  under  its 
process,  nor  when  such  absence  shall  not  exceed  fifteen  days  in 
the  course  of  any  one  year,  and  when  the  said  Board  of  Police 


230 


Commissioners  shall  certify  that  such  last-named  absence,  not 
exceeding  fifteen  days,  as  aforesaid,  was  occasioned  by  sickness 
or  other  unavoidable  cause. 

638.  The  said  station-house  Justices  are  granted  a  leave  of 
absence,  with  pay,  for  fifteen  days  during  each  and  every  year  ; 
and  the  Board  of  Police  Commissioners  are  authorized  to 
designate  one  of  the  civil  magistrates  to  act  in  their  place 
during  said  absence,  who  shall  be  paid  the  same  as  the  station- 
house  Justices  receive. 

639.  No  Justice  of  the  Peace  appointed  under  the  provisions 
of  section  623  shall  be  paid  by  the  City  of  Baltimore  any  fee 
for  issuing  any  State  writ,  or  for  any  search  warrant,  or  for 
taking  the  recognizance  of  any  witness,  or  for  taking  any  recog- 
nizance in  any  case  reported  to  court,  or  for  any  commitment 
or  release,  or  for  issuing  any  subpoena  in  any  criminal  case,  or 
in  any  case  instituted  to  recover  any  fine,  penalty  or  forfeiture 
claimed  by  the  State  of  Maryland,  or  by  the  Mayor  and  City 
Council  of  Baltimore ;  and  no  police  officer  or  constable  shall 
be  paid  by  the  Mayor  and  City  Council  of  Baltimore  any  fee 
for  the  service  of  any  subpoena  or  process  in  any  criminal  case, 
before  any  Justice  of  the  Peace,  or  for  service  of  any  subpoena 
or  process  in  any  case  pending  before  any  Justice  of  the  Peace, 
for  the  recovery  of  any  fine,  forfeiture  or  penalty  by  the  State 
of  Maryland  or  by  the  Mayor  and  City  Council  of  Baltimore. 

640.  It  shall  be  the  duty  of  the  officers  of  police,  police- 
men and  detectives  appointed  by  the  Board  of  Police  Commis- 
sioners of  Baltimore  City,  to  serve  and  execute  any  and  all 
writs,  warrants,  subpoenas  and  commitments,  which  may  be 
issued  by  any  Justice  of  the  Peace  selected  to  sit  at  the  station- 
houses  in  the  City  of  Baltimore  as  hereinbefore  provided, 

641.  Whenever  any  Justice  of  the  Peace  appointed  under 
the  provisions  of  this  sub-division  of  this  Article  other  than 
one  of  the  Justices  selected  as  aforesaid  to  sit  at  a  station 
house  as  aforesaid,  shall  issue  a  State  writ  for  the  arrest  of  any 
person,  or  shall  issue  any  writ  or  summons  against  any  person 
or  corporation  to  recover  any  fine,  penalty,  or  forfeiture,  under 
any  law  of  this  State,  or  under  any  ordinance  of  the  Mayor 
and  City  Council  of  Baltimore,  such  writ  or  summons  shall  be 
made  returnable  before  one  of  the  Justices  of  the  Peace  selected 


231 


by  the  Governor  to  sit  at  a  station  house  in  the  City  of  Balti- 
more, and  shall  not  be  made  returnable  before  the  Justice  of 
the  Peace  issuing  the  same,  unless  he  be  one  of  the  Justices 
of  the  Peace  selected  to  sit  at  a  station  house  as  aforesaid. 

642.  Whenever  any  person  shall  be  arrested  upon  any 
criminal  charge,  or  for  the  violation  of  any  law  of  this  State, 
or  of  any  ordinance  of  the  Mayor  and  City  Council  of  Balti- 
more, it  shall  be  the  duty  of  the  police  officer  or  constable 
making  such  arrest,  or  in  whose  custody  the  said  person  so 
arrested  may  be,  to  take  the  person  so  arrested  before  the 
Justice  of  the  Peace  sitting  at  a  station  house  who  may  have 
issued  the  writ  or  warrant  for  such  arrest,  or  before  whom  such 
writ  or  warrant  of  arrest  is  made  returnable ;  but  if  such  arrest 
is  made  without  writ  or  warrant,  or  if  such  writ  or  warrant  is 
made  returnable  before  another  Justice  than  a  Justice  of  the 
Peace  sitting  at  a  station  house,  it  shall  be  the  duty  of  the  said 
police  officer  or  constable  to  take  the  person  so  arrested  to  the 
nearest  station  house;  and  the  Justice  of  the  Peace  sitting  at 
said  station  house  shall  take  jurisdiction  in  said  case. 

643.  Every  Justice  of  the  Peace  appointed  under  the  pro- 
visions of  this  sub-division  of  this  Article,  shall  file  with  the 
Clerk  of  the  Court  of  Common  Pleas,  on  the  first  day  of  April, 
July,  October  and  January,  in  each  and  every  year,  an  account 
verified  by  his  oath  or  affirmation,  of  all  fines,  forfeitures  and 
penalties  imposed  by  him  under  the  laws  of  this  State,  during 
the  three  preceding  months ;  which  said  account  shall  show  the 
names  of  the  respective  defendants,  the  Acts  of  Assembly  under 
which  said  fines,  forfeitures  and  penalties  were  respectively 
imposed,  and  the  amounts  paid  in  each  case  by  the  said  respec- 
tive defendants ;  and  the  said  Justice  of  the  Peace,  at  the  time 
of  filing  said  account,  shall  pay  over  to  the  said  clerk  the 
amount  of  said  fines,  penalties  and  forfeitures  so  received,  or 
the  portion  thereof  to  which  the  State  of  Maryland  is  entitled, 
to  be  accounted  for  by  said  clerk  as  other  moneys  of  the  State 
are  accounted  for  by  him. 

644.  Every  Justice  of  the  Peace  appointed  under  the  pi-o- 
visions  of  this  sub-division  of  this  Article  shall  file  with  the 
City  Register,  on  the  first  day  of  April,  July,  October  and 
January  in  each  and  every  year,  an  account  verified  by  his 
oath  or  affirmation,  of  all  fines,  forfeitures  and  penalties 
imposed  by  him  under  the  ordinances  of  the  Mayor  and  City 


232 

Council  of  Baltimore  during  the  three  preceding  months ; 
which  said  accounts  shall  show  the  names  of  the  respective 
defendants,  the  ordinances  under  which  said  fines,  penalties 
or  forfeitures  were,  respectively,  imposed,  and  the  amounts 
paid  in  each  case  by  said  respective  defendants  ;  and  the  said 
Justice  of  the  Peace  at  the  time  of  filing  said  account  shall 
pay  over  to  the  said  Register  the  amount  of  said  fines,  penal- 
ties and  forfeitures  so  received,  or  the  portion  thereof  to  which 
the  Mayor  and  City  Council  of  Baltimore  is  entitled  to  be 
accounted  for  by  said  Register  as  other  moneys  of  the  said 
City  are  accounted  for  by  him. 

645.  If  any  justice  of  the  Peace  shall  not  have  imposed 
or  received  any  such  fines,  forfeitures  or  penalties,  or  any 
portion  thereof,  as  are  mentioned  and  described  in  the  said 
two  preceding  sections,  in  the  said  three  months  preceding  the 
time  hereinbefore  prescribed  for  filing  said  accounts,  he  shall 
file  an  aflidavit  or  afiirmation  to  that  efiect  at  the  time  pre- 
scribed for  filing  said  accounts. 

646.  All  costs  paid  to  any  Justice  of  the  Peace  sitting  at 
any  station  house  shall  be  accounted  for  and  paid  by  said  Jus- 
tice to  the  Board  of  Police  Commissioners  of  Baltimore  City, 
to  be  by  them  applied  as  directed  by  section  750  of  this  sub- 
division of  this  Article. 

647.  It  shall  not  be  lawful  for  the  Justice  of  the  Jeace  of 
the  City  of  Baltimore  to  take  supersedeas  of  any  judgment 
recovered  in  the  Court  of  Common  Pleas,  the  Superior  Court 
of  Baltimore  City,  or  Baltimore  City  Court,  or  any  decree  of 
the  Circuit  Court  or  Circuit  Court  Number  Two  of  Baltimore 
City,  but  such  supersedeas  shall  be  taken  by  the  clerks  of  said 
courts,  respectively. 

648.  If  a  Justice  of  the  Peace  in  Baltimore  Citv  dies, 
resigns  or  is  removed,  his  docket  and  papers  shall  be  delivered 
to  the  Clerk  of  the  City  Court  within  thirty  days  thereafter. 

649.  If  any  Justice  of  the  Peace  or  constable  appointed 
under  the  provisions  of  this  sub-division  of  this  Article  be 
convicted  in  a  court  of  law,  of  any  misdemeanor  in  office,  his 
removal  from  said  office  shall  be  part  of  the  sentence  or  judg- 
ment pronounced  upon  him  by  the  said  court.  No  constable 
shall  deputize  any  person  to  act  in  the  service  of  any  writ 
whatever  for  or  in  his  behalf. 


233 


LANDLORD    AND    TENANT. 


650.  lu  all  cases  of  any  demise  or  agreement  for  rental, 
express  or  implied,  verbal  or  written,  hereafter  to  be  made  of 
lands  or  tenements,  whether  real  estate  or  chattels  real,  within 
the  limits  of  the  City  of  Baltimore,  for  less  term  than  three 
calendar  months,  the  remedy  of  distress  for  rent  due  be  and 
the  same  is  hereby  taken  away  and  altogether  superseded. 

651.  Whenever  the  tenant  under  any  such  demise  or  agree- 
ment of  rental,  express  or  implied,  verbal  or  written,  of  lands 
or  tenements,  whether  real  estate  or  chattels  real  within  the 
limits  of  the  City  of  Baltimore,  shall  fail  to  pay  the  rent  there- 
under when  due  and  payable,  it  shall  be  lawful  for  the  lessor 
to  have  again  and  re-possess  the  premises  so  rented. 

652.  Whenever  any  lessor  shall  desire  to  have  again  and 
re-possess  any  premises  to  which  he  is  entitled  under  the  pro- 
visions of  the  preceding  section,  he,  or  his  duly  qualified  agent 
or  attorney,  shall  make  his  written  complaint  under  oath  or 
affirmation,  before  any  Justice  of  the  Peace  of  the  City  of 
Baltimore,  and  describing  therein  in  general  terms  the  property 
sought  to  be  had  again  and  re-possessed  as  aforesaid,  and  also 
setting  forth  the  name  of  the  tenant  to  whom  the  same  is 
rented,  or  his  assignee  or  under  tenant  or  tenants,  with  the 
amount  of  rent  thereon  due  and  unpaid ;  and  praying  by 
warrant  to  have  again  and  re-possess  the  premises,  together 
with  judgment  for  the  amount  of  rent  due  and  costs ;  and  it 
shall  thereupon  be  the  duty  of  said  Justice  of  the  Peace  forth- 
with to  issue  his  summons,  directed  to  any  constable  of  the 
City  of  Baltimore,  and  ordering  him  to  notify  said  tenant, 
assignee  or  under  tenant  forthwith  to  appear  before  the  said 
Justice  of  the  Peace,  at  the  trial  to  be  held  on  the  second  day 
after  the  filing  said  complaint,  to  show  cause  why  the  prayer 
of  said  lessor  should  not  be  granted  as  aforesaid,  and  the  said 
constable  shall  forthwith  proceed  to  serve  said  summons  upon 
said  tenant,  assignee  or  under  tenant  in  said  premises,  or  upon 
his  or  their  known  or  authorized  agent,  but  if  for  any  reason, 
neither  said  tenant,  assignee  or  under  tenant,  nor  his  or  their 
agent  can  be  found,  then  said  constable  shall  affix  an  attested 
copy  of  said  summons  conspicuously  upon  said  premises,  and 
such  affixing  of  said  summons  shall,  for  the  purposes  of  this 
sub-division  of  this  Article,  be  deemed  and  construed  a  suffi- 
cient service  upon  all  persons  whomsoever. 


234 


653.  If  at  the  trial  on  the  second  day  aforesaid,  the  Justice 
of  the  Peace  shall  be  satisfied  the  interest  of  justice  will  be 
better  served  by  an  adjournment  to  enable  either  party  to  pro- 
cure his  necessary  witnesses,  he  may  adjourn  the  trial  for  a  period 
not  exceeding  one  day,  except  by  consent  of  all  parties,  and  if 
at  said  trial  or  due  adjournment  thereof  as  aforesaid,  it  shall 
appear  to  the  satisfaction  of  the  Justice  of  the  Peace  before 
whom  said  complaint  has  been  made  and  tried  as  aforesaid, 
that  the  rent  or  any  part  of  the  rent  for  said  premises  is 
actually  due  and  unpaid,  then  the  said  Justice  of  the  Peace 
shall  give  judgment  in  favor  of  said  lessor  for  the  amount  of 
rent  found  due,  with  costs  of  suit,  and  shall  order  that  said 
tenant  and  all  persons  claiming  or  holding  by  or  under  said 
tenant  shall  yield  and  render  up  possession  of  said  premises 
unto  said  lessor,  or  unto  his  duly  qualified  agent  or  attorney 
within  two  days  thereafter;  provided,  however,  that  if  the  said 
tenant,  or  some  one  for  him,  shall  at  said  trial  or  due  adjourn- 
ment thereof  as  aforesaid,  tender  the  rent  found  to  be  due  and 
unpaid,  together  with  the  costs  of  said  suit,  the  said  complaint 
shall  be  entered  satisfied  and  no  further  proceedings  shall  be 
had  thereunder. 

654.  In  case  judgment  shall  be  given  in  favor  of  said  lessor 
in  the  manner  aforesaid,  and  the  tenant  shall  fail  to  comply 
with  the  requirements  of  the  said  order  within  two  days  afore- 
said, the  said  Justice  of  the  Peace  shall,  on  or  at  any  time  after 
the  expiration  of  said  two  days,  issue  his  warrant,  directed  to 
any  constable  of  the  City  of  Baltimore,  that  the  lessor  may 
elect,  ordering  him  to  cause  said  lessor  to  have  again  and  re- 
possess said  premises  by  putting  him  (or  his  duly  qualified 
agent  or  attorney  for  his  benefit)  in  possession  thereof,  and  for 
that  purpose  to  remove  from  said  premises,  by  force  if  neces- 
sary, all  the  furniture,  implements,  tools,  goods,  efiects  or 
other  chattels  of  every  description  whatsoever  belonging  to  said 
tenant,  or  to  any  person  claiming  or  holding  by  or  under  said 
tenant. 

655.  The  tenant  may  appeal  from  the  judgment  of  the  Jus- 
tice of  the  Peace  to  the  Baltimore  City  Court,  at  any  time  with- 
in two  days  from  the  rendition  of  such  judgment ;  the  tenant 
in  order  to  stay  any  execution  of  the  judgment,  shall  give  a 
bond  to  the  landlord  with  one  or  more  securities,  who  are  owners 
of  sufiicient  leasehold  or  real  estate  in  Baltimore  City,  with 
condition  to  prosecute  the  appeal  with  eflect,  and  answer  to  the 


235 


landlord,  his  executors,  administrators,  in  all  costs  and  damages- 
mentioned  in  the  judgment,  and  such  other  damages  as  shall 
be  incurred  and  sustained  by  reason  of  said  appeal ;  the  afore- 
said bond  shall  not  affect  in  any  manner  the  right  of  the  lessor 
to  proceed  against  said  tenant,  assignee  or  under  tenant  for  any 
and  all  rents  that  may  become  due  and  payable  to  the  lessor 
after  the  rendition  of  said  judgment. 

656.  The  fee  and  charges  of  the  Justice  of  the  Peace  and 
constables  under  this  Article  shall  be  the  following  and  no 
other  :  "  First  costs,"  to  the  Justice  of  the  Peace  for  preparing 
the  written  complaint  and  taking  the  affidavit  of  the  plaintiff 
thereto,  twenty-five  cents,  and  for  issuing  the  summons  to  the 
tenant  and  preparing  attested  copy,  twenty-five  cents ;  "  second 
costs,"  for  every  judgment  rendered  where  there  is  no  trial, 
twenty-five  cents ;  for  every  judgment  rendered  on  trial,  fifty 
cents,  and  ten  cents  additional  for  every  witness  sworn  or 
examined;  "third  costs,"  for  preparing  and  taking  the  bond  of 
tenant  in  case  of  appeal,  twenty-five  cents ;  for  the  warrant  for 
re-entry  (in  case  it  be  issued),  twenty-five  cents ;  "first  costs," 
to  the  constable  for  serving  the  summons,  forty  cents  ;  "second 
costs,"  for  executing  the  warrant  for  re-entry,  one  dollar ;  and 
any  Justice  of  the  Peace  or  constable  who  shall  charge  or 
receive  more  than  the  actual  fees  prescribed  for  each  specific 
act  performed  as  the  case  proceeds,  shall  be  deemed  guilty  of 
a  misdemeanor,  and  on  conviction  thereof  shall  be  subject  to 
and  pay  a  fine  or  penalty  of  not  less  than  one  hundred  dollars 
or  more  than  three  hundred  dollars  for  each  offence,  one-half 
thereof  for  the  use  of  the  State,  and  the  other  half  thereof  to 
the  person  that  shall  first  prefer  the  charge  against  such 
offender. 

LEGISLATIVE   DISTRICTS. 

657.  The  First  Legislative  District  of  Baltimore  City  shall 
be  and  consist  of  the  wards  numbered  from  one  to  eight,  both 
inclusive,  as  said  wards  were  laid  out  and  numbered  under  the 
provisions  of  the  Act  of  1898,  chapter  10,  approved  February 
19,  1898;  the  Second  Legislative  District  of  Baltimore  City 
shall  be  and  consist  of  the  wards  numbered  from  nine  to  sixteen, 
both  inclusive,  as  said  wards  were  laid  out  and  numbered 
under  the  provisions  of  the  Act  of  1898,  as  aforesaid ;  and  the 
Third  Legislative  District  of  Baltimore  City  shall  be  and  con- 
sist of  the  wards  numbered  from  seventeen  to  twentv-four, 
both  inclusive,  as  said  wards  were  laid  out  and  numbered 
under  the  provisions  of  the  Act  of  1898,  as  aforesaid. 


286 

LICENSES. 

Billiards. 

658.  A  license  maj  be  granted  to  any  person  who  may  applj 
for  permission  to  keep  a  billiard  table,  for  which  license  there 
shall  be  paid  the  sum  of  fifty  dollars,  and  for  every  additional 
billiard  table  kept  by  the  same  person,  he  shall  pay  a  license 
of  twenty-five  dollars ;  provided,  that  all  said  additional  tables 
shall  be  kept  in  the  same  apartment;  and  provided,  that  this 
section  shall  not  apply  to  any  billiard  table  kept  for  private 
use. 

659.  Any  person  keeping  or  exhibiting  for  use  a  billiard 
table,  without  first  obtaining  a  license  therefor,  shall  for  each 
and  every  table  so  kept  or  exhibited,  forfeit  and  pay  the  sum 
of  five  hundred  dollars,  one-half  to  the  informer  and  the  other 
half  to  the  State. 

660.  Nothing  contained  in  the  two  preceding  sections  shall 
impair  the  right  of  the  Mayor  and  City  Council  of  Baltimore 
to  impose  a  further  tax  on  billiard  tables. 

Horse  Dealers. 

661.  It  shall  not  be  law^ful  for  any  person,  copartnership, 
firm,  corporation,  joint  stock  company,  brokers,  commission 
merchants,  agents,  factors  or  other  association  of  persons,  to 
engage  in  or  carry  on  the  business,  trade,  occupation  or  calling 
of  bartering,  buying,  selling,  exchanging  or  dealing  in  horses, 
mares,  geldings,  jackasses,  jennies  or  mules,  either  as  an  indi- 
vidual, copartnership,  firm,  corporation,  joint  stock  company, 
commission  merchant,  agent,  factor,  broker,  or  other  associa- 
tion for  said  purpose,  without  first  obtaining  from  the  Clerk  of 
the  Court  of  Common  Pleas  of  Baltimore  City  a  license  for 
carrying  on  said  business,  for  which  every  such  person,  if  he 
desires  to  carry  on  said  business  individually,  or  if  a  firm  or 
association,  composed  of  not  more  than  two  persons,  or  cor- 
poration, shall  pay  the  sum  of  fifty  dollars  ;  provided,  that  all 
the  names  and  places  of  business  of  said  persons  so  applying 
shall  be  inserted  in  said  license ;  and  if  more  than  two  indi- 
viduals constitute  and  compose  any  such  firm,  copartnership, 
joint  stock  company  or  association,  then  an  additional  sum  of 
twenty-five  dollars  shall  be  paid  for  each  and  every  other  indi- 
vidual than  the  said  two  constituting  such  firm,  copartnership, 


237 


joint  stock  company  or  association,  of  individuals  ;  and  jyro- 
vided  further,  that  the  said  business  shall  not  be  carried  on  in 
any  of  the  streets,  lanes  and  alleys  of  the  City  of  Baltimore. 

662.  Any  person,  and  the  individual  members  of  any 
copartnership  or  firm,  the  stockholders  of  any  Joint  stock 
company  or  corporation,  and  any  commission  merchant, 
agent,  factor,  broker,  or  the  individuals  of  any  other  associa- 
tion of  persons  so  engaged  in  or  carrying  on  the  business, 
trade,  occupation  or  calling  of  bartering,  buying,  selling, 
exchanging  or  dealing  in  horses,  mares,  geldings,  jackasses, 
jennies  or  mules,  who  or  which  shall  violate  any  of  the  pro- 
visions of  the  preceding  section,  shall  be  liable  to  indictment 
therefor,  and  upon  conviction  thereof  shall  be  fined  one  hun- 
dred dollars  for  each  and  every  offence,  one-half  thereof  for  the 
use  of  the  State  and  the  other  half  thereof  to  the  informer ; 
provided,  however,  that  nothing  contained  in  this  or  the  pre- 
ceding section  shall  be  construed  to  prevent  breeders  and 
owners  of  horses,  mares,  geldings,  jackasses,  jennies  or  mules, 
and  owners  residing  in  the  counties  of  this  State  and  doing 
business  elsewhere  than  in  the  City  of  Baltimore,  and  all 
owners  who  do  not  follow  the  business,  trade,  occupation  or 
calling  of  buying,  vending,  bartering,  exchanging  or  dealing 
in  horses,  mares,  geldings,  jackasses,  jennies  or  mules,  from 
offering  the  same  for  sale,  barter  or  exchange,  or  making  sale 
of,  bartering  or  exchanging  such  horses,  mares,  geldings, 
jackasses,  jennies  or  mules,  as  they  shall  bring  to  the  City  of 
Baltimore,  without  a  license  ;  and  nothing  contained  in  this 
or  the  preceding  section  shall  be  held  to  apply  to  regularly 
licensed  auctioneers  in  the  City  of  Baltimore. 


663.  Any  person  or  body  corporate,  owning  or  renting  from 
the  owner  or  his  agent,  any  building  or  enclosure  within  the 
corporation  limits  of  Baltimore  City,  and  using  the  same  in 
buying,  selling,  trading,  exchanging,  bartering  or  dealing  in 
horses,  geldings,  mares  or  mules,  or  using  the  same  in  exhibit- 
ing or  exposing  for  sale,  trade,  exchange  or  barter,  horses, 
geldings,  mares  or  mules,  shall  be  deemed  to  be  engaged  in  the 
business,  trade,  occupation  and  calling  of  buying,  selling,  trad- 
ing, exchanging,  bartering  and  dealing  in  horses,  geldings, 
mares  and  mules,  under  the  two  preceding  sections,  and  be 
held  liable  for  a  violation  of  any  of  its  provisions. 


238 


Liquors  and  Intoxicating  Di^inks. 

664.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Clomraon  Pleas  to  issue  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  at  Mount  Vernon  factories, 
or  at  any  place  within  three-fourths  of  a  mile  thereof,  or  on 
Madison  avenue  extended. 

665.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  to  sell  spirituous 
or  fermented  liquors  or  lager  beer  at  Woodberry  factory,  or  at 
any  place  nearer  thereto  than  three-fourths  of  a  mile  in  every 
direction. 

666.  It  shall  not  be  lawful  for  the  Clerk  of  the  Court  of 
Common  Pleas  to  issue  license  to  any  person  t©  sell  spirituous 
or  fermented  liquors  or  lager  beer  in  any  part  of  the  following 
district,  to  wit :  In  all  that  part  of  Baltimore  City  bounded 
on  the  east  by  Mount  Royal  terrace,  on  the  south  by  North  or 
Boundary  avenue,  on  the  west  by  Druid  Hill  avenue  extended, 
and  on  the  north  by  Druid  Hill  Park. 

667.  No  person  shall  offer  for  sale  or  keep  for  sale  in  the 
City  of  Baltimore  any  intoxicating  liquors,  except  as  herein- 
after provided,  but  this  shall  not  apply  to  sales  made  by  a  per- 
son under  a  provision  of  law  requiring  him  to  sell  personal 
property,  nor  to  sales  of  liquors  by  wholesale,  nor  to  sales  by 
the  maker,  brewer  or  distiller  thereof,  nor  to  sales  by  bottlers 
of  fermented  liquors,  nor  to  be  dinink  on  the  premises ;  save 
and  except  as  hereinafter  specially  provided  in  reference  to 
wholesale  dealers  and  jobbers,  brewers,  distillers  and  bottlers, 
in  section  688,  wherein  the  rights  and  duties  of  said  classes 
of  persons  are  set  forth  and  defined.  Wherever  the  term 
intoxicating  liquors  is  used  in  this  sub-division  of  this  Article, 
it  shall  be  deemed  to  include  whiskey,  brandy,  rum,  gin,  wine, 
ale,  beer  and  all  other  fermented  and  distilled  liquors,  and 
every  mixture  of  liquors  which  shall  contain  more  than  two 
per  cent,  by  weight  of  alcohol,  and  every  mixture  of  liquors 
which  shall  contain  less  than  two  per  cent,  of  alcohol  if  the 
same  shall  be  intoxicating.  Nothing  in  this  sub-division  of 
this  Article  shall  be  construed  to  authorize  the  sale  of  any 
intoxicating  liquor  or  any  admixture  thereof  in  any  part  of  said 
City  where  such  sale  is  or  shall  hereafter  be  prohibited  by 
special  law. 


239 


668.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  three  persons  who  shall  constitute  a 
Board  of  Liquor  License  Commissioners  for  Baltimore  City,  who 
shall  hold  office  for  two  years,  and  until  their  successors  are 
appointed  and  qualified;  and  their  duties  shall  be  such  as 
hereinafter  prescribed ;  provided,  however,  that  the  Liquor 
License  Commissioners  appointed  in  April,  eighteen  hundred 
and  ninety,  shall  continue  in  office  until  the  expiration  of  the 
term  for  which  they  were  appointed. 

669.  Said  Board  shall  appoint  such  clerk  or  clerks  and 
counsel  as  the  proper  transaction  of  the  business  of  the  Board 
shall  require ;  and  shall  keep  a  full  record  of  all  applications 
for  license,  of  all  recommendations  for  and  remonstrances 
against  the  granting  of  licenses,  and  their  action  thereon ;  and 
the  vote  of  the  members  of  said  Board,  by  yeas  and  nays,  shall 
be  taken  on  the  question  of  granting  or  refusing  every  applica- 
tion for  license,  and  said  records  of  said  Board  shall  at  all 
suitable  times  be  open  to  the  inspection  of  the  public ;  all 
necessary  books  and  stationery  shall  be  furnished  by  the  Mayor 
and  City  Council  of  Baltimore,  and  all  salaries  and  expenses 
incident  to  the  business  of  the  Board  shall  be  paid  by  said 
Mayor  and  City  Council  of  Baltimore. 

670.  The  said  Board  shall  fix  the  salaries  of  all  clerks  and 
counsel  appointed  by  them  for  the  performance  of  the  duties 
imposed  by  this  sub-division  of  this  Article ;  any  member  of 
said  Board  shall  each  receive  a  salary  of  two  thousand  dollars 
annually,  to  be  paid  as  the  salaries  of  the  officers  of  the  City 
of  Baltimore  are  paid. 

*  ■ 

671.  No  licenses  to  sell  intoxicating  liquors,  other  than  by 
wholesale  traders,  distillers,  brewers,  rectifiers  and  bottlers  of 
fermented  liquors,  shall  be  granted  in  the  City  of  Baltimore 
except  by  said  Board,  and  only  to  citizens  of  the  United  States 
of  temperate  habits  and  good  moral  character,  who  have 
complied  with  the  requisites  of  this  sub-division  of  this 
Article. 

672.  That  all  licenses  to  sell  spirituous  or  fermented  liquors 
shall  expire  on  the  first  day  of  May  next  ensuing  the  date  of 
their  issue,  and  shall  be  issued  for  twelve  or  six  months  only, 
and  for  no  other  periods  of  time ;  all  twelve  months'  licenses 
shall  be  granted  to  begin  only  from  the  first  day  of  May  in  the 


240 


year  of  their  issue,  and  all  six  months'  licenses  shall  be  granted 
to  begin  only  from  the  first  day  of  November,  and  from  no 
other  time,  in  the  year  of  their  issue  ;  and  all  applications  shall 
be  filed  before  the  first  day  of  May  or  the  fii'st  day  of  November, 
respectively ;  provided,  however,  that  for  the  twelve  months' 
licenses  two  hundred  and  fifty  dollars  shall  be  paid,  and  for  the 
six  months'  license  one  hundred  and  twenty-five  dollars  shall 
be  paid ;  and  provided  further,  that  nothing  in  this  section 
shall  be  construed  to  aflect  the  transfer  of  licenses  as  now 
provided  in  this  law. 

673.  Every  person  applying  for  a  license  to  sell  intoxicating 
liquors  in  said  City  shall  file  with  the  said  Board  his,  her  or 
their  petition  for  such  license,  and  said  Board  shall  cause 
notification  of  said  petition  to  be  published  three  time  in  two 
newspapers  of  general  circulation  in  said  City  to  be  designated 
by  said  Board,  the  first  publication  to  be  not  less  than  fifteen 
nor  more  than  thirty  days  before  the  time  fixed  by  the  Board 
for  action  on  the  said  petition. 

674.  Said  petition  shall  contain  the  name  and  residence  of 
the  applicant,  and  how  long  he  has  resided  there.  2d.  The 
particidar  place  for  which  a  license  is  desired ,  designating  the 
same  by  street  and  number,  if  practicable,  and  if  not,  by  such 
other  apt  description  as  definitely  locates  it.  3d.  The  name 
of  the  owner  of  the  premises  upon  which  the  business  licensed 
is  to  be  carried  on.  4th.  A  statement  that  the  applicant  is  a 
citizen  of  the  United  States,  and  that  it  is  necessarv  for  the 
accommodation  of  the  public  that  the  place  should  be  licensed. 
5th.  That  the  applicants  have  not,  nor  has  any  of  them  had  a 
license  for  the  sale  of  intoxicating  liquors  in  this  State  revoked,, 
nor  has  been  con\icted  of  any  crime  within  one  year  preceding 
the  filing  of  said  petition.  6th.  That  he  or  she  will  not 
knowingly  sell,  or  allow  to  be  sold  in  the  said  house  or  on  the 
said  premises  any  such  liquors  on  Sunday  or  on  election  days, 
or  to  minors  at  any  time,  or  allow  a  minor  to  drink  in  said 
house  or  on  said  premises ;  that  he  or  she  will  not  keep,  or 
permit  to  be  kept,  a  bawdy  house  in  said  house  or  on  the  said 
premises,  or  the  gathering  together  in  or  the  visitation  to  said 
house  or  premises  of  women  for  lewd  or  immoral  purposes. 
7th.  This  petition  must  be  verified  by  the  aflidavit  of  the 
petitioner,  made  before  a  Justice  of  the  Peace;  if  any  false 
statement  is  made  in  any  part  of  said  petition,  the  petitioner 
or  petitioners  shall    be  deemed  guilty  of  perjury,  and  upon 


241 


indictment  and  conviction  thereof,  his  license  shall  be  revoked 
and  he  shall  be  subject  to  the  penalties  provided  by  law  for 
that  crime. 

675.  There  shall  be  annexed  to  this  petition  a  certificate 
signed  by  at  least  ten  respectable  qualified  voters  residing  or 
doing  business  in  the  ward  in  which  the  petitioner  asks  to  do 
business,  stating  the  residence  or  place  of  business  of  each 
person,  certifying  and  setting  forth  that  they  have  been 
acquainted  with  the  petitioner  or  petitioners  for  (specfyin^  the 
length  of  such  acquaintance),  that  they  have  good  reason  to 
believe  that  all  the  statements  contained  in  the  petition  are  true, 
and  they,  therefore,  pray  that  the  prayer  of  said  petition  be 
granted,  and  the  license  issue<l  as  prayed  for. 

676.  The  said  Board  snail  publicly  hear  petitions  from 
residents  of  the  ward  or  persons  living  or  doing  business  in 
the  vincinity  of  the  place  for  which  license  is  prayed,  in  addi- 
tion to  that  of  the  petitioner,  in  favor  of,  and  remonstrance 
against  the  granting  of  said  license ;  and  in  all  cases  shall 
refuse  the  same,  whenever,  in  the  opinion  of  the  said  Board 
such  license  is  not  necessary  for  the  accommodation  of  the 
public,  or  the  petitioner  or  petitioners  is  or  are  not  fit  persons 
to  whom  such  license  should  be  granted  ;  and  if  sufficient 
cause  shall  at  any  time  be  shown,  or  proof  be  made  to  the  said 
Board,  that  the  party  licensed  was  guilty  of  any  fraud  in  pro- 
curing such  license,  or  has  violated  any  law  of  the  State 
relating  to  the  sales  of  intoxicating  liquor,  the  said  Board 
shall,  after  giving  notice  to  the  person  so  licensed,  revoke  said 
license ;  and  the  Criminal  Court  of  the  City  may  in  like  manner 
revoke  said  license  if  the  party  should  be  convicted  before  it 
of  any  such  violation. 

677.  No  license  shall  be  issued  to  any  person  or  persons 
until  he,  she  or  they  shall  have  paid  the  license  fees  provided 
for  in  this  sub-division  of  this  Article. 

678.  If,  after  the  notice  and  hearing  provided  for  in  this 
sub-division  of  this  Article,  the  said  Board  should  decide  to 
grant  the  license  prayed  for,  they  shall  notify  the  applicant  of 
such  decision  in  writing,  and  the  applicant  shall  thereupon  pay 
to  the  clerk  of  the  Court  of  Common  Pleas  the  sum  of  money 
specified  below,  to  wit :  For  a  hotel  or  restaurant  or  other  place 

16 


242 


in  which  distilled  liquors  or  any  admixture  of  distilled  liquors 
containing  more  than  fifteen  per  cent,  of  alcohol,  or  fermented 
liquors  containing  less  than  fifteen  per  cent,  of  alcohol,  are 
sold  bj  retail,  by  the  drink,  or  in  quantities  or  packages  not 
exceeding  five  gallons  of  any  spii'ituous  or  fermented  liquor 
except  lager  beer,  and  not  exceeding  one  keg  of  eight  gallons 
or  less  of  lager  beer,  to  be  drunk  on  the  premises  or  not,  as 
desired  by  the  purchaser,  the  sum  of  two  hundred  and  fifty 
dollars ;  and  the  clerk  of  the  Court  of  Common  Pleas  shall 
thereupon  issue  to  applicants  the  license  authorized  to  be 
issued  by  said  Board ;  provided,  that  any  hona  fide  retail  grocer 
who  shall  make  application  to  said  Board  therefor,  may  be 
licensed  by  said  Board  in  their  discretion,  upon  complying 
with  the  conditions  of  this  Act,  to  sell  wines,  spirituous  and 
fermented  liquors,  as  aforesaid,  in  quantities  or  packages  not 
less  than  one  pint,  but  in  no  case  to  be  drunk  on  the  premises, 
and  shall  pay  for  such  license  the  sum  of  two  hundred  and 
fifty  dollars  a  year,  and  in  no  case  shall  a  license  to  sell  intox- 
icating liquors  by  the  drink  be  granted  to  any  person  who 
shall  obtain  a  license  to  sell  goods,  wares  or  merchandise, 
other  than  intoxicating  liquors,  upon  the  same  premises  where 
such  intoxicating  liquors  are  licensed  to  be  sold,  but  licensed 
saloon-keepers  may  also  sell  tobacco  and  non-alcoholic  bever- 
ages ;  provided,  further,  that  no  retail  license  shall  be  issued  to 
any  distiller  or  brewer. 

679.  The  whole  of  the  money  received  b}'  the  Clerk  of  the 
Court  of  Common  Pleas  for  the  licenses  aforesaid,  shall  be 
paid  over  quarterly  by  said  Clerk  of  the  Court  of  Common 
Pleas  to  the  State  as  now  provided  by  law,  and  when  so  paid 
over,  the  Comptroller  of  the  Treasury  shall  draw  his  warrant 
upon  the  Treasurer  in  favor  of  the  Mayor  and  City  Council  of 
Baltimore  for  three-fourths  thereof,  to  be  applied  to  the  general 
use  of  said  City. 

680.  Every  person  receiving  a  license  under  this  sub-divi- 
sion of  this  Article  shall  frame  his  license  under  a  glass,  and 
place  the  same  so  that  it  shall  at  all  times  be  conspicuous  and 
easily  read,  in  his  chief  place  of  making  his  sales,  and  no 
license  issued  under  this  sub-division  of  this  Article  shall 
authorize  sales  by  any  person  who  shall  neglect  this  require- 
ment. 


243 

681.  No  licensee  under  the  provisions  of  this  sub-division 
of  this  Article  shall  sell  or  furnish  any  intoxicating  liquors  at 
any  time  to  a  minor,  either  for  his  or  her  own  use,  or  for  the 
use  of  any  other  person,  or  to  a  drunkard,  or  to  any  person 
whose  parent,  guardian,  husband,  wife  or  child  shall  have 
given  to  such  licensee  a  notice  in  writing,  verified  by  affidavit, 
that  such  person  is  of  intemperate  habits,  and  requesting  such 
licensee  not  to  sell  to  him  or  her,  or  to  a  person  visibly  affected 
by  intoxicating  drinks. 

682.  No  licensee  under  this  sub-division  of  this  Article 
shall  sell  or  furnish  to  any  person  intoxicating  liquors  on  any 
days  upon  which  elections  are  now  or  hereafter  may  be 
required  by  law  to  be  held ;  nor  on  the  Lord's  Day,  commonly 
called  Sunday,  except  that  if  the  licensee  is  a  hotel  keeper  he 
may  supply  such  liquors,  to  be  drunk  in  their  rooms  or  with 
their  meals,  to  ho^ia  fide  guests;  nor  between  the  hours  of 
twelve  o'clock  midnight  and  five  o'clock  A.  M.  at  any  time ; 
nor,  except  in  hotels,  shall  conduct  his  business  in  any  place 
to  which  an  entrance  shall  be  allowed  other  than  directly  from 
a  public  traveled  way;  provided,  however,  that  any  licensed 
dealer  may,  with  the  permission  of  the  Board  of  Police 
Commissioners  at  any  hoiia  fide  entertainment  of  any  society, 
club  or  corporation,  sell  intoxicating  liquors  between  such 
hours  as  the  Board  aforesaid  may  designate  in  said  permit. 

683.  Druggists  and  apothecaries  shall  not  be  required  to 
obtain  license  under  the  provisions  of  this  sub-division  of  this 
Article,  but  they  shall  not  sell  intoxicating  liquors,  nor  com- 
pound or  mix  any  composition  thereof,  except  upon  the  written 
prescription  of  a  regular  physician ;  nor  more  than  once  on 
any  one  prescription  of  the  physician ;  and  every  druggist  or 
apothecary  shall  keep  a  book  for  the  special  purpose  and  enter 
therein  the  date  of  every  sale  of  intoxicating  liquor  made  by 
him,  the  person  to  whom  sold,  the  kind,  quantity  and  price 
thereof,  and  the  purpose  for  which  it  was  sold,  and  such  book 
shall  be  at  all  times  open  to  the  said  Board,  or  of  any  person 
designated  and  authorized  by  them  to  make  such  inspection, 
and  shall  be  produced  before  such  Board  when  required ;  and 
any  failure  to  comply  with  the  provisions  of  this  section  shall 
render  such  druggist  or  apothecary  so  failing  liable  to  the 
same  penalties  as  if  he  had  sold  intoxicating  liquors  without 
a  license. 


244 


684.  Any  person  who  shall  hereafter  be  convicted  of  selling 
intoxicating  liquors,  or  any  admixture  thereof,  in  the  City  of 
Baltimore,  without  a  license  under  the  provisions  of  this  sub- 
division of  this  Article,  shall  be  sentenced  to  pay  a  fine  of  not 
less  than  five  hundred  dollars  nor  more  than  five  thousand 
dollars,  or  undergo  imprisonment  in  the  jail  of  said  City,  or  in 
the  House  of  Correction  of  not  less  than  three  months,  nor 
more  than  twelve  months,  or  to  both  fine  and  imprisonment,  at 
the  discretion  of  the  Court. 

685.  Any  person  having  a  license  under  the  provisions  of 
this  sub-division  of  this  Article  who  shall  hereafter  be  convicted 
of  violating  an}"  of  the  provisions  of  this  suli-division  of  this 
Article  or  of  the  conditions  of  his  license,  shall  be  subject  to 
a  fine  of  not  less  than  one  hundred  or  more  than  five  hundred 
dollars ;  and  for  any  second  oftence,  whereof  he  shall  be  con- 
victed, his  license  shall  be  vacated  and  revoked,  and  he  shall 
be  subject  to  a  fine  of  not  less  than  five  hundred  nor  more  than 
one  thousand  dollars,  or  to  imprisonment  in  the  jail  or  the 
House  of  Correction  for  not  less  than  three  months,  nor  more 
than  twelve  months,  or  to  both  fine  and  imprisonment  at  the 
discretion  of  the  Court.  The  license  of  any  person  who  per- 
mits minors  to  frequent  or  loiter  about  his  place,  or  disreputable 
or  disorderly  persons  to  make  it  a  customary  place  of  visitation 
or  resort,  may  be  at  any  time,  upon  proof,  revoked  by  the  Crim- 
inal Court  of  Baltimore  City,  or  by  said  Board,  the  same  person 
shall  not  again  be  licensed  within  two  years  of  the  time  of 
such  revocation.  Nothing  in  this  sub-division  of  this  Article 
shall  be  construed  to  repeal  or  modify  any  of  the  provisions 
contained  in,  or  the  penalties  imposed  by  any  law  of  this  State 
forbidding  or  restricting  the  sale  of  intoxicating  liquors  on  a 
day  on  which  elections  are  held. 

686.  Upon  complaint  or  allegation  by  any  qualified  voter 
of  Baltimore  City  who  shall  give  security  for  the  cost  of  prose- 
cution, that  any  license  has  been  corruptly  or  knowingly  issued 
by  said  Board  to  any  person  who  has  not  complied  with  the 
provisions  of  this  sub-division  of  this  Article,  it  shall  be  the 
duty  of  the  State's  Attorney  to  file  in  the  Criminal  Court  of 
Baltimore  City  an  information  against  said  Board  and  against 
said  licensee,  and  if  it  shall  be  found  that  such  license  was 
improperly  issued,  said  license  shall  be  revoked,  and  the  mem- 
bers of  said  Board  who  voted  in  favor  of  issuing  said  license 
shall  in  addition  to  the  other  penalties  for  malfeasance  in  office 
be  removed  from  said  office. 


245 


687.  For  tlie  purpose  of  all  hearings  and  inquiries  which  the 
Board  of  Liquor  License  Commissioners  are  authorized  to  have 
and  make,  they  are  hereby  authorized  to  issue  summons  for 
witnesses  and  administer  to  them  oaths  or  affirmations,  and 
all  summons  so  issued  shall  be  served  by  the  police  force  of 
the  City  of  Baltimore.  If  any  witness  so  summoned  shall 
refuse  or  neglect  to  attend,  or  attending,  refuse  to  testify,  the 
said  Board  shall  report  the  facts  to  the  Superior  Court  of 
Baltimore  City,  which  is  hereby  authorized  and  directed  to 
proceed  by  attachment  against  said  witnesses  in  all  respects  as 
if  said  neglect  or  refusal  had  been  by  witnesses  summoned 
to  appear  in  said  court  in  cases  pending  before  it. 

688.  Distillers,  brewers  and  wholesale  dealers  or  jobbers 
shall  be  allowed   to  sell   spirituous  and   fermented  liquors   in 
quantities  or  packages  not  less  than  one  pint  each,  and  in  no 
case  to  be  drunk  on  the  premises ;  distillers  and  brewers  shall 
require  no    license ;  wholesale    dealers  and    jobbers    shall    be 
entitled  to  receive  a  license  as  such,  to  sell  as  above  stated  and 
not  otherwise,  upon  applying  directly  to  the  Clerk  of  the  Court 
of  Common  Pleas,  and  paying  to  him  the  sum  of  two  hundred 
and  fifty  dollars  a  year  therefor ;  but  any  person,  copartnership 
or  corporation  (other  than  brewers,  who,  as  hereinbefore  stated, 
require  no  license),  may  be  licensed  to  conduct  a  bottling  busi- 
ness by  selling  fermented  liquors  only,  and  in  quantities  or 
packages    not    less    than    twelve    pint    bottles,    by    applying 
directly  to  the   Clerk  of  the  Court   of    Common  Pleas,   and 
paying  him  the  sum  of    forty   dollars  a  year  therefor  ;  any 
person  required  by   this  section  to  take  out  a  license,  who 
shall    sell    or  offer  for   sale  any    intoxicating  liquor  without 
having  first  procured  such  license,  and  any  person  who  shall 
violate  any  of  the  provisions  of  this  section,  as  to  the  manner 
or  quantity  in  which  he  shall  sell  or  offer  for  sale  such  liquors, 
whether  he  shall  be  required  to  take  out  a  license  or  not,  shall 
be   deemed  guilty  of   a    misdemeanor,  and    upon   conviction 
thereof,  shall  be  fined  not  less   than  two  hundred  and  fifty 
dollars  nor  more  than  five  hundred  dollars,  in  the  discretion 
of  the  court ;  no  license  under  this  section  shall  be  issued  for 
a  longer  period  than  one  year ;  if  issued  for  a  shorter  period, 
the  licensee  shall  pay  for  every  month  for  which  his  license  is 
to  run,  one-twelfth  of  the  annual  charge  for  such  license,  and 
all  such  licenses  shall  expire  on  the  first  day  of  May  succeed- 
ing their  issue  ;  the  whole  of  the  money  received  by  the  Clerk 
of  the   Court  of    Common  Pleas   for   the    licenses   aforesaid, 


246 


shall  be  paid  over  quarterly  by  said  Clerk  of  the  Court  of 
Common  Pleas  to  the  State  as  now  provided  by  law,  and 
when  so  paid  over  the  Comptroller  of  the  Treasury  shall  draw 
his  warrant  upon  the  Treasurer  in  favor  of  the  Mayor  and 
City  Council  of  Baltimore  for  three-fourths  thereof,  to  be 
applied  to  the  general  use  of  said  City. 

689.  No  hotel  keeper,  or  ordinary  keeper,  shall  receive  a 
license  to  sell  intoxicating  liquors  until  he  shall  have  first 
paid  for  and  received  a  license  to  keep  a  hotel  or  ordinary,  as 
provided  by  law. 

690.  Any  holder  of  a  license  to  sell  intoxicating  liquors  at 
retail,  by  the  drink  or  otherwise,  may  be  permitted  by  said 
Board  in  their  discretion  to  sell  or  assign  said  license  to 
another  person,  to  be  used  at  the  same  or  another  place  of 
business ;  or  to  transfer  his  said  license  to  another  place  of 
business ;  provided,  that  the  fitness  and  propriety  of  said 
intended  purchaser  or  assignee,  and  of  said  intended  new 
place  of  business  shall  be  first  approved  by  said  Board  upon 
due  application  therefor,  recommendation  by  qualified  voters^ 
advertisement  of  same  in  newspapers,  etc.,  as  required  in  case 
of  an  original  application  for  such  license.  Such  sale  or 
assignment  or  transfer  when  granted  by  said  Board  shall  be 
endorsed  upon  the  license  by  the  Clerk  of  the  Court  of  Com- 
mon Pleas,  who  shall  be  entitled  to  receive  a  fee  of  fifty  cents 
therefor,  and  the  same  shall  then  take  effect.  And  whenever 
the  said  Board  may  be  satisfied  that  any  license  has  been  lost 
or  destroyed  or  that  any  licensee  has  transferred  or  assigned 
his  license  to  another  person,  and  the  said  transfer  or  assign- 
ment has  been  duly  approved  by  the  Board,  in  the  manner 
above  provided  for,  and  the  original  licensee  withholds  said 
license  from  the  person  or  persons  to  whom  he  has  assigned 
or  transferred  the  same,  and  refuses  to  deliver  or  surrender 
sajd  license,  the  said  Board  shall  have  the  power  to  revoke 
and  cancel  said  original  license  and  to  issue  a  duplicate  license 
in  lieu  thereof  to  such  transferee  upon  the  payment  of  the 
aforesaid  fee  of  fifty  cents,  without  any  additional  license  fee, 
And  if  any  license  shall  be  in  course  of  transfer  for  the  same 
place  of  business,  the  Board  shall  have  the  power  in  its  dis- 
cretion to  issue  a  permit  to  the  owner  or  transferee  of  such 
license  to  conduct  business  thereunder  until  a  duplicate  license 
caiijlbe. issued  or  said  transfer  duly  effected.     And  the  clerk  of 


247 

the  Court  of  Cammon  Pleas  shall  endorse  upon  such  dupli- 
cate license  the  word  "Duplicate,"  together  with  the  name  of 
the  original  licensee,  as  well  as  that  of  the  transferee  to  whom 
such  duplicate  is  granted.  And  in  the  settlement  of  his 
accounts  with  the  Comptroller  and  Treasurer  of  the  State  of 
Maryland,  the  said  clerk  of  the  Court  of  Common  Pleas  shall 
be  allowed  for  such  duplicate  licenses. 

691.  Every  licensed  dealer  to  whom  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  shall  issue  a  permit 
to  sell  intoxicating  liquors  at  places  of  entertainment,  as 
authorized  by  section  682  of  this  Article,  shall  pay  the  said 
Board  of  Police  Commissioners  one  dollar  for  said  permit, 
the  money  so  paid  to  go  into  the  special  fund  of  said  Board. 

Paivnhrokers. 

692.  AH  pawnbrokers  in  the  City  of  Baltimore  shall  keep 
or  cause  to  be  kept,  in  a  suitable  book  or  books  to  be  pro- 
vided by  them  for  that  purpose,  an  accurate  account  showing 
the  date  of  each  deposit  made  with  them  in  the  course  of  their 
business,  and  of  each  purchase  made  by  them  in  the  course  of 
their  business,  of  any  and  all  personal  property,  so  described 
as  to  identify  the  said  personal  property  so  deposited  or  sold  ; 
and  showing  also  the  sum  of  money  advanced  thereon  or  paid 
therefor,  the  time  for  which  any  such  deposit  was  agreed  to  be 
kept,  and  the  name  of  the  depositor  or  seller  of  such  personal 
property,  and  his  place  of  business  or  abode  ;  and  such  entries 
shall  be  made  by  such  pawnbrokers  immediately  upon  the 
making  of  any  such  transaction ;  such  book,  and  the  personal 
properties  so  deposited  or  purchased,  shall  be  subject  at  all 
times  to  the  inspection  of  such  agent  or  officer  as  may  be 
designated  for  that  purpose  by  the  Mayor  and  City  Council  of 
Baltimore,  and  also  to  the  inspection  of  the  Marshal  of  Police  for 
the  City  of  Baltimore,  and  of  such  officer  as  he  may  designate 
for  that  purpose ;  and  all  pawnbrokers  who  shall  omit,  neglect 
or  refuse  to  provide  and  keep  such  book,  or  to  enter  therein 
forthwith  as  aforesaid  an  account  of  all  deposits  made  with  and 
purchases  made  by  them,  as  aforesaid,  with  all  the  particulars 
thereof,  as  hereinbefore  required,  or  who  shall  enter  incorrectly 
in  such  book  any  such  account  of  deposits  made  with  them,  or 
purchases  made  by  them,  as  aforesaid,  or  who  shall  refuse  to 
exhibit  any  of  such  books  and  properties  so  deposited  or  pur- 
chased,  if  in   their  possession  or  under  their  control,   upon 


248 


demand  of  anv  of  the  oificers  empowered  or  authorized  as 
aforesaid  to  make  such  inspection,  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  shall  be  subject  to 
a  fine  of  not  less  than  twenty  dollars,  or  an  imprisonment  of 
not  less  than  thirty  days,  or  to  both  fine  and  imprisonment  in 
the  discretion  of  the  court. 

693.  Before  any  person  or  body  corporate  shall  transact 
the  business  of  pawnbrokers  in  the  Cit}'  of  Baltimore,  he  or  it 
shall  first  obtain  from  the  Clerk  of  the  Court  of  Common  Pleas 
in  said  City,  a  State's  license  authorizing  him  or  it  to  carry  on 
such  business  in  the  said  City,  for  which  said  license  he  or  it 
shall  pay  the  sum  of  five  hundred  dollars,  and  in  addition  to 
this,  he  or  it  shall  file  with  said  clerk  a  bond  to  the  State  of 
Maryland,  in  the  sum  of  ten  thousand  dollars,  to  be  approved 
by  said  clerk,  for  the  faithful  performance  of  the  requirements 
of  this  sub-division  of  this  Article ;  and  any  pawnbroker  who 
shall  violate  this  section  by  failure  to  file  such  bond,  or  to 
obtain  the  license  as  aforesaid,  though  continuing  to  transact 
the  business  of  a  pawnbroker,  shall  be  deemed  guilty  of  a  mis- 
demeanor, and  shall,  on  conviction  thereof,  be  fined  the  sum 
of  five  hundred  dollars,  or  be  imprisoned  in  the  City  Jail  for 
the  term  of  six  months,  or  both,  in  the  discretion  of  the  court. 

3Ierchandise  Brokers. 

694.  Any  person  or  partnership  applying  for  the  same,  and 
paying  the  sum  of  eighteen  dollars  and  seventy-five  cents  for 
each  individual  or  representative  of  such  firm  or  partnership, 
may  obtain  a  license  for  carrying  on  the  business  of  grain 
broker,  cofiiee  broker,  cotton  broker,  sugar  broker,  or  merchan- 
dise broker. 

Real  Estate  Brokers. 

695.  Any  person,  copartnership  or  firm  applying  for  the 
same,  and  paying  the  sum  of  money  herein  provided,  may 
obtain  a  license  for  carrying  on  the  business  of  real  estate 
broker  in  the  City  of  Baltimore ;  provided,  that  the  names  of 
each  and  every  person  comprising  any  copartnership  or  firm 
applying  for  such  license  shall  be  inserted  in  said  license ; 
provided,  that  the  sum  of  money  to  be  paid  therefor  as  afore- 
said shall  be  twenty-five  dollars  for  the  first  two  names  inserted 
in  said  license,  and  twenty -five  dollars  additional  for  each  and 
every  name  above  two  inserted  therein. 


249 


696.  Any  persou,  copartnership  or  firm  who  shall  carry  on 
the  business  of  real  estate  broker,  or  shall  undertake  to  act  as 
such  real  estate  broker  by  public  advertisement,  sign  or  other- 
wise, without  such  license  first  obtained,  or  who  shall  use  or 
attempt  to  use  the  license  of  another  with  intent  to  evade  the 
provisions  of  sections  695  to  699  of  this  Article,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  on  conviction  thereof  shall  be 
subject  to  and  pay  a  fine  or  penalty  of  not  less  than  two  hun- 
dred dollars  nor  more  than  five  hundred  dollars  for  each 
offence  ;  one-half  thereof  for  the  use  of  the  State,  and  the  other 
half  thereof  to  the  person  or  corporation  that  shall  first  prefer 
before  the  Grand  Jury  the  charge  against  such  offender ;  and 
any  person,  copartnership  or  firm  who  shall  directly  or  indi- 
rectly act  as  a  real  estate  broker,  or  shall  undertake  the  buying 
or  selling  of  ground  rents  or  other  real  estate,  or  of  chattels 
real,  or  the  leasing  of  real  estate  or  chattels  real,  or  the  nego- 
tiation or  sale  of  mortgage  loans  on  real  estate  or  chattels  real, 
or  the  collection  of  rents  for  others,  with  a  view  to  reward  or 
compensation  for  such  undertaking,  shall  be  deemed  to  be 
carrying  on  the  business  of  real  estate  broker  within  the 
meaning  of  said  sections,  and  be  subject  to  the  fines  or  penal- 
ties herein  prescribed. 

697.  If  any  person  who  has  obtained  such  license  shall  die 
'or  shall  move  from  and  cease  to  use  and  exercise  the  business 

of  real  estate  broker  in  the  City  of  Baltimore,  before  the  expi- 
ration of  the  term  in  said  license  specified,  the  benefit  of  said 
license  for  the  unexpired  term  shall  issue  to  and  be  continued 
in  his  legal  representative  or  assignee,  upon  application  to  the 
proper  clerk  for  that  purpose,  accompanied  by  the  oath  by  the 
party  applying,  made  before  a  judge  of  a  court  of  record  and 
endorsed  on  said  license,  that  the  person  to  whom  said  license 
was  originally  granted  is  deceased,  or  has  removed  from  and 
ceased  to  use  or  exercise  the  said  business  in  the  said  City. 

698.  Upon  said  application  and  aflidavit  the  clerk  shall,  bj 
his  endorsement  on  said  license,  authorize  such  legal  repre- 
sentative or  assignee  to  use  or  exercise  the  business  of  such 
real  estate  broker  in  said  City  for  the  unexpired  term  in  said 
license  named. 

699.  No  person,  copartnership,  association  or  firm,  legal 
representative  or  assignee,  shall  use  or  occupy  at  the  same 


250 


time  more  than  one  office  or  place  of  business  for  the  transac- 
tion of  his  or  their  business  as  such  real  estate  broker,  in  said 
City,  unless  a  separate  license  be  procured  for  each  and  every 
such  office  or  place  of  business,  or  for  each  and  every  branch 
office  where  the  business  of  said  person,  copartnership,  asso- 
ciation or  firm  as  such  real  estate  broker  in  said  City  is  carried 
on  or  located ;  and  any  person  who  shall  violate  the  provisions 
of  this  section  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  be  subject  to  the  same  fine  and 
penalties  as  are  imposed  by  the  provisions  of  section  696  of 
this  Article ;  but  nothing  herein  shall  be  so  construed  as  to 
prevent  any  such  person,  copartnership,  association  or  firm, 
legal  representative  or  assignee,  from  holding  at  the  same  time 
with  the  license  as  real  estate  broker  in  said  City,  provided 
for  by  section  695  of  this  Article,  a  license  or  licenses  for  any 
other  kinds  of  brokerage  business  permitted  by  the  laws  of 
this  State  upon  paying  to  the  clerk  the  several  sums  by  law 
prescribed  for  such  license  or  licenses. 

700.  The  five  preceding  sections  shall  not  apply  to  trans- 
actions of  attorneys  at  law  with  their  clients ;  but  their  pro- 
visions shall  nevertheless  apply  to  all  other  persons  who  make 
a  business  of  brokerage  or  agency  for  others  in  transactions 
in  real  estate,  mortgage  or  chattels  real,  by  solicitation,  adver- 
tisement, sign  or  otherwise,  with  a  view  to  reward  or  compen- 
sation for  such  business,  whether  the  same  be  conducted  under 
the  name  of  agent,  property  agent,  broker,  negotiator,  financier, 
dealer  or  any  other  name  so  as  to  evade  the  provisions  of  said 
sections. 

Duty  of  Sheriff  and  Clerk  of  Court. 

701.  It  shall  be  the  duty  of  the  Sheriff  of  Baltimore  City 
annually,  in  the  month  of  April,  to  make  or  cause  to  be  made 
an  alphabetical  list  of  the  names  of  all  persons  or  bodies  cor- 
porate or  politic  in  each  ward  of  the  City  of  Baltimore  who 
shall  be  exercising,  pursuing  any  business,  or  be  doing  any  act 
or  thing,  or  shall  be  in  the  use  or  occupation  of  any  house  or 
place  for  any  purpose  for  which  a  license  is  made  necessary  by 
this  sub-division  of  this  Article,  and  to  return  such  list  to  the 
Grand  Jury  of  said  City  at  as  early  a  period  as  practicable  after 
the  first  day  of  May  then  next  ensuing ;  and  the  said  Sheriff 
shall,  within  the  first  week  of  the  mouth  of  April,  cause  a 
notice  to  be  inserted  in  the  daily  papers  of  the  City,  cautioning 
all  persons  and  bodies  corporate  or  politic  whom  it  may  con- 


251 


cern,  to  obtain  a  license,  or  renew  the  same,  on  or  before  the 
first  day  of  May  then  next  ensuing ;  and  said  Sheriff  shall  be 
entitled  to  receive  fifty  cents  for  every  license  obtained  by  any 
person  whose  name  shall  be  contained  in  the  list  so  returned 
by  him,  to  be  paid  by  the  party  applying  for  each  license ;  but 
the  failure  of  said  Sheriff  to  give  the  notice  herein  directed  shall 
not  excuse  any  neglect  to  obtain  a  license  as  required  by  the 
Public  General  Laws. 

702.  There  shall  be  entered  in  writing  by  the  Clerk  of  the 
Court  of  Common  Pleas  upon  the  face  of  all  licenses  obtained 
by  individuals,  firms  or  corporations  to  conduct  business  as 
trades  in  the  City  of  Baltimore,  the  name  of  the  street  and 
number  of  the  house  or  building,  or  if  there  be  no  number,  a 
full  designation  of  the  location  of  said  house  or  building  for 
which  a  license  is  applied  for;  and  each  license  shall  only 
authorize  the  transaction  of  business  in  one  house  or  building, 
unless  the  individual,  firm  or  corporation  shall  occupy  more 
than  one  adjoining  houses  or  buildings,  and  said  houses  or 
buildings  have  open,  direct,  internal  communication  with  each 
other ;  in  that  case  one  license  will  cover  transactions  in  said 
adjoining  houses  or  buildings  so  arranged  and  occupied ;  pro- 
vided, always,  that  any  firm,  individual  or  corporation  may 
obtain  any  number  of  licenses  to  conduct  business  in  any 
number  of  separate  places  of  business  in  said  City,  upon  pay- 
ing for  each  license  a  sum  graded  according  to  the  amount  of 
stock  or  merchandise  generally  kept  on  hand  or  proposed  to  be 
kept  on  hand  at  the  principal  season  of  sale  in  said  respective 
places  of  business,  according  to  the  Code  of  Public  General 
Laws,  Article  56,  sections  37  to  49,  or  such  amendments  as  may 
hereafter  be  added  thereto, 

MAEINERS    AND    CHABITABLE    MARINE    SOCIETY    OF    BALTIMORE. 

703.  Whenever  a  mariner  residing  in  or  sailing  to  or  from 
the  port  of  Baltimore  shall  depart  this  life  intestate,  and  leaving 
no  relations  within  the  fifth  degree,  to  be  reckoned  by  counting 
down  from  the  common  ancestor  to  the  more  remote,  the  wlu^le 
surplus  estate  of  such  mariner,  after  paying  debts,  funeral 
expenses  and  cost  of  administration,  shall  devolve  on  and 
become  the  property  of  the  Charitable  Marine  Society  of  Bal- 
timore. 

MARI^TS. 

704.  If  any  person  shall  buy,  or  cause  to  be  bought,  any 
kind  of  vegetables,  dead  meat,  poultry,  butter,  cheese,  tallow, 


252 


eggs  or  fish,  iu  any  of  the  markets  of  said  City,  or  within  ten 
miles  thereof,  with  an  intent  to  sell  the  same  again  in  such 
markets,  or  City,  or  within  two  miles  thereof,  he  shall  for  the 
first  offence  forfeit  the  article,  or  the  value  thereof ;  for  the 
second  ofience,  he  shall  forfeit  the  article  and  be  fined  four 
dollars,  and  for  every  other  ofience  forfeit  fifteen  dollars,  to  be 
recovered  iu  a  summary  way  before  a  justice  of  the  Peace ; 
provided,  that  the  purchasing  of  pork,  beef  and  fish,  by  the 
barrel  or  other  package,  butter  in  firkins,  or  other  packages 
not  less  than  fift}'  pounds,  bacon  or  cheese  by  the  quantity,  by 
any  merchant  or  shop  keeper,  and  selling  the  same  again  in  his 
store  or  shop,  shall  not  be  deemed  or  taken  as  an  ofience  against 
this  section. 

705.  Whenever  any  person  shall  be  found  exposing  for  sale 
any  of  the  articles  enumerated  in  the  preceding  section,  other- 
wise than  in  his  store  or  shop,  and  there  shall  be  good  cause 
to  suspect  they  have  been  purchased  contrary  to  the  provisions 
of  the  preceding  section,  it  shall  be  lawful  for  any  person  to 
apply  to  a  Justice  of  the  Peace  for  a  warrant  to  apprehend  the 
person  so  suspected,  and  the  Justice  shall  have  power  to  inquire 
into  the  ofience ;  and  if  the  person  suspected  be  convicted 
thereof,  or  if  he  cannot  make  it  appear  to  the  satisfaction  of 
the  Justice  tliat  he  raised  or  made  the  articles  ofiered  by  him 
for  sale,  or  is  disposing  of  them  on  account  of  the  person  who 
raised  or  made  them,  or  that  he  bought  the  same  ten  miles  or 
upwards  from  the  City  of  Baltimore,  he  shall  be  deemed  to  be 
an  offender  against  the  provisions  of  the  preceding  section,  and 
the  fines  and  forfeitures  shall  be  recovered  in  a  summary  way 
before  the  said  Justice. 

706.  All  butter  sold  by  the  pound  iu  the  said  markets  shall 
weigh  sixteen  ounces  avoirdupois  weight;  and  any  person 
bringing  butter  to  the  said  markets  and  offering  the  same  for 
sale,  of  less  weight  than  sixteen  ounces  avoirdupois,  shall  for- 
feit the  same,  and  it  shall  be  seized  and  taken  by  the  clerk  of 
the  market  and  sold  for  the  use  of  the  City. 

707.  No  charge,  tax  or  fees  shall  be  set,  rated  or  levied 
upon  any  person  or  the  property  of  any  person  who  shall 
attend  any  of  the  markets  of  said  City  with  any  articles  or 
produce  from  the  country,  to  vend  in  said  markets,  of  his  own 
growth,  produce  or  manufacture,  or  as  the  agent  of  the  grower, 
producer  or  manufacturer  of  the  same,  unless  such  person  shall 


253 


occupy  some  place  or  stand  in  some  of  said  market-Louses ; 
provided,  such  person  or  agent  be  not  a  resident  of  said  City. 

708.  If  any  clerk  of  the  market,  or  any  other  person  or 
officer  appointed  by  or  under  the  provisions  of  this  Article, 
shall  demand,  receive  or  collect  any  tax  or  other  charges  from 
any  person  attending  the  markets  of  said  City  as  provided  in 
the  preceding  section,  who  shall  be  standing  in  the  open  streets, 
and  who  does  not  occupy  any  place  or  stand  in  the  market, 
he  shall  be  liable  to  a  fine  of  twenty  dollars  for  each  ofience,  to 
be  recovered  before  any  Justice  of  the  Peace  as  small  debts, 
one-half  to  the  informer  and  the  other  half  to  the  State. 

709.  The  City  may  agree  with  the  owners  of  any  land  or 
other  property  which  it  may  deem  expedient  to  purchase  and 
hold,  for  the  purpose  of  extending  any  market;  and  if  they 
cannot  agree,  or  if  there  be  an  incapacity  in  the  owners  to 
contract  in  relation  thereto,  or  if  such  owners  be  unknown  or 
out  of  the  State,  any  Justice  of  the  Peace  for  said  City,  on 
application  of  the  Mayor  and  City  Council  of  Baltimore,  may 
issue  his  warrant  to  the  Sheriff  of  said  City,  commanding  him 
to  summon  from  the  said  City  a  jury  of  twenty  freeholders, 
inhabitants  of  said  City,  not  related  to  the  owners  or  persons 
interested  in  the  real  estate  or  other  property,  to  meet  on  the 
premises  on  some  certain  day  to  be  named  in  said  warrant,  of 
which  said  warrant  and  the  day  therein  named  for  the  meeting 
of  the  jury,  five  days'  notice  shall  be  given  previous  to  such 
day  by  the  Mayor  and  City  Council  of  Baltimore  to  every 
owner  or  person  interested,  and  left  at  his  place  of  abode. 

710.  If  any  infant  or  lunatic  or  feme  covert  be  the  owner 
in  whole  or  in  part  of  the  property  subject  to  be  condemned, 
the  notice  shall  be  given  to  his  or  her  guardian,  trustee,  com- 
mittee or  husband,  as  directed  in  the  preceding  section. 

711.  If  such  owner,  guardian,  trustee,  committee  or  hus- 
band, resides  out  of  the  State,  or  is  unknown,  such  notice  shall 
be  published  not  less  than  eight  weeks,  successively,  in  some 
one  or  more  of  the  daily  newspapers  of  said  City. 

712.  The  owner  of  such  property,  or  the  guardian,  trustee, 
committee  or  husband  of  the  owner  may,  from  the  list  of  jurors 
returned  by  the  Sheriff,  strike  four,  and  the  Mayor  and  City 
Council  of  Baltimore,  four,  so  that  the  number  of  jurors  may 


254 


be  reduced  to  twelve;  and  if  either  party  neglect  or  fail  to 
strike  off  the  names  of  jurors,  the  Sheriff  or  his  deputy  shall 
strike  for  the  party  so  failing  or  refusing, 

713.  The  Sheriff  or  his  deputy  shall,  before  the  said  jury 
proceed  to  act,  administer  to  each  of  the  jurors  an  oath  justly 
and  impartially  to  value  the  damages  which  the  owners  or 
parties  holding  an  interest  in  the  property  to  be  condemned 
will  sustain  by  the  use  and  occupation  thereof  by  the  Mayor 
and  City  Council  of  Baltimore. 

714.  The  jury  so  qualified  shall  inquire  into,  assess  and 
ascertain  the  sum  of  money  to  be  paid  by  the  Mayor  and  City 
Council  of  Baltimore  for  the  land  or  other  property  to  be  con- 
demned, having  regard  to  all  the  circumstances  of  damage  or 
benefit  to  result  to  such  owner  or  party  interested  therein. 

715.  The  jury  shall  reduce  their  inquisition  to  writing,  and 
shall  sign  and  seal  the  same,  and  it  shall  then  be  returned  by 
the  Bherifi'  to  the  Clerk  of  the  Superior  Court  of  said  City,  and 
be  by  such  clerk  filed  in  his  office,  and  shall  be  confirmed  by 
said  court  at  its  next  session  if  no  sufficient  cause  to  the  con- 
trary be  shown,  and  when  confirmed  shall  be  recorded  by  the 
said  clerk  at  the  expense  of  the  Mayor  and  City  Council  of 
Baltimore. 

716.  If  said  inquisition  be  set  aside  by  the  said  court,  the 
court  shall  direct  another  inquisition  to  be  taken  in  the  manner 
hereinafter  directed. 

717.  Every  such  inquisition  shall  describe  the  property 
taken  or  the  bounds  of  the  land  condemned,  and  the  quantity 
or  duration  of  the  interest  in  the  same  valued  to  the  Mayor 
and  City  Council  of  Baltimore ;  and  such  valuation,  when  paid 
or  tendered  to  the  owner  of  said  property  or  his  legal  repre- 
sentatives, shall  entitle  the  Mayor  and  City  Council  of  Baltimore 
to  the  full,  legal  and  equitable  title,  interest  and  estate  of  the 
owners  of  said  property,  estate  and  interest  in  the  same  thus 
valued,  as  fully  as  it  had  been  held  by  the  owners  of  the  same ; 
and  the  valuation,  if  not  received  when  tendered,  may  at  any 
time  thereafter  be  received  without  interest  by  the  said  owners, 
or  their  legal  representatives. 

718.  If  the  twenty  jurors  summoned  as  hereinafter  directed 
stall  not  appear  at  the  time  and  place  mentioned,  the  Sheriff 


255 


or  his  deputy  shall  forthwith  summon  other  freeholders  of  the 
City,  qualified  as  before  directed,  to  make  up  the  said  jury  to 
the  number  of  twelve. 

719.  The  jurors  summoned  and  attending  shall  be  allowed 
one  dollar  per  day  for  their  services  ;  the  Sherifi"  shall  be  allowed 
the  same  fees  as  for  summoning  jurors  to  the  Su])erior  Court, 
and  two  dollars  a  day  for  each  day  he  or  his  deputy  shall  attend 
upon  such  inquisition ;  and  such  expenses  shall  be  paid  by  the 
Mayor  and  City  Council  of  Baltimore,  except  in  cases  of  objec- 
tion to  the  confirmation  of  the  inquisition,  when  the  costs  in 
said  court,  may  be  awarded  in  the  discretion  of  the  court. 

MORTGAGES. 

720.  In  all  cases  of  conveyances  of  lands  or  hereditaments 
or  of  chattels  real,  or  goods  and  chattels  personal,  situate  in 
the  said  City,  wherein  the  mortgagor  shall  declare  his  assent 
to  the  j)assing  of  a  decree  for  the  sale  of  the  same,  it  shall  be 
lawful  for  the  mortgagee  or  his  assigns  at  any  time  after  filing 
the  same  to  be  recorded,  to  submit  to  either  of  the  Circuit 
Courts  of  Baltimore  City  the  said  conveyances  or  copies  thereof, 
under  seal  of  the  Superior  Court ;  and  the  Circuit  Court  to 
which  the  same  is  so  submitted,  may  thereupon  forthwith  decree 
that  the  mortgaged  premises  shall  be  sold  at  any  one  of  the 
periods  limited  in  said  conveyances  for  the  forfeiture  of  said 
mortgages  or  limited  for  a  default  of  the  mortgagors,  and  on 
such  terms  of  sale  as  to  the  said  court  may  seem  proj^er,  and 
shall  appoint  by  said  decree  a  trustee  or  trustees  for  making 
such  sale,  and  shall  require  bond  and  security  for  the  perform- 
ance of  the  trust  as  is  usual  in  cases  of  sales  of  mortgaged 
premises. 

721.  The  trustee  or  trustees  so  appointed,  after  having 
given  bond  with  security,  may,  after  the  arrival  of  the  period 
limited  by  the  decree  for  a  sale,  sell,  agreeably  to  the  terms  of 
said  decree,  the  mortgaged  property  or  any  part  thereof;  the 
mortgagees,  their  executors,  administrators  or  assigns,  if  the 
mortgage  claim  shall  have  been  assigned  before  such  sale,  or 
their  duly  constituted  agent  or  attorney,  after  the  arrival  of  the 
period  aforesaid,  verifying  by  their  oath  a  statement  of  the 
amount  of  said  mortgage  claim  remaining  due,  before  the  Judge 
of  said  court  or  before  any  Justice  of  the  Peace  of  this  State, 
the  ofiicial  character  of  any  Justice  of  the  Peace  for  any  county 


256 


being  certified  under  his  official  seal  by  the  Clerk  of  the  Circuit 
Clerk  for  the  county  where  the  affidavit  is  made,  where  the 
affidavit  is  made  outside  of  the  City  of  Baltimore,  or  before 
any  person  outside  of  this  State  authorized  to  take  acknowl- 
edgments of  deeds ;  and  such  statement  shall  be  filed  in  said 
court. 

722-  Such  sales  and  the  conveyances  thereupon  shall  have 
the  same  efiect,  if  finally  ratified  by  said  court,  as  if  the  same 
had  been  made  under  decrees  between  the  proper  parties  in 
relation  to  the  mortgages,  and  in  the  usual  course  of  said  court. 

723.  The  tnistee  or  trustees  shall  report  the  sales  to  the 
court  for  its  consideration  and  ratification  or  rejection;  and 
such  orders  shall  pass  therein  touching  such  ratification  as  are 
usual  on  sales  of  mortgaged  property  in  said  court. 

724.  Any  allegations  may  be  made,  and  proof  under  the 
orders  of  the  said  court  exhibited,  and  a  trial  of  the  allegations 
had  as  the  court  shall  prescribe,  to  show  that  the  sales  ought 
not  to  have  been  made. 

725.  The  said  court,  upon  being  satisfied  of  the  truth  of 
said  allegations,  shall  reject  and  set  aside  the  sale,  and  in  such 
case  no  part  of  the  costs  or  expenses  or  trustee's  commission, 
if  any  such  commission  be  claimable,  in  relation  to  the  said 
sales,  shall  be  chargeable  upon  said  property,  or  the  mort- 
gagors, their  heirs,  executors,  administrators  or  assigns,  but 
shall  be  wholly  chargeable  against  the  persons  at  whose 
instance  or  for  whose  benefit  the  said  sales  shall  have  been 
proposed  to  be  made. 

726.  The  clerk  of  said  court  shall  file  and  record  the  said 
decrees,  and  docket  the  cases  of  the  application  therefor ;  and 
in  the  said  decree,  and  to  be  recorded  therewith,  shall  file  a 
a  copy  of  the  mortgage  upon  which  the  same  was  rendered, 
and  shall  be  entitled  to  the  usual  fees  for  such  services. 

727.  Any  entry  on  the  docket  of  said  court  by  the  person 
entitled  to  assign  the  said  mortgage  claim,  of  the  use  and 
benefit  of  said  decrees,  shall  have  the  same  efiect  as  assign- 
ments and  conveyances  of  the  said  mortgage  interests,  to  have 
efiect  and  precedence  from  the  time  of  their  respective  entries ; 


257 

and  the  said  entries  shall  not  be  made  without  an  order  or 
direction  in  writing,  to  be  acknowledged  before  the  Judge  of 
said  court,  or  a  Justice  of  the  Peace,  by  the  persons  purport- 
ing to  sign  the  same,  and  filed  and  recorded  by  said  clerk. 

728.  The  duly  authorized  entries  upon  the  docket  of  said 
court,  of  the  satisfaction  of  said  decrees,  and  the  discharge  of 
said  mortgage  claims,  made  by  the  persons  entitled  to  receive 
said  claims,  shall  have  the  same  effect  to  discharge  the  mort- 
gaged property  of  said  mortgagor,  and  all  liens  thereunder,  as 
any  conveyances  by  the  parties  interested  in  such  claims,  and 
the  holders  of  the  legal  estate  and  interest  therein,  if  com- 
petent to  convey,  could  have  at  law  or  in  equity  ;  but  such 
entries  shall  not  be  made  without  an  order  or  direction  in 
w^riting,  acknowledged  by  the  persons  purporting  to  have 
signed  the  same,  before  the  Judge  of  said  court,  or  a  Justice 
of  the  Peace,  and  filed  by  the  clerk  of  said  court ;  and  the 
entries  shall  refer  to  such  orders  or  directions,  and  the  names 
of  the  persons  aforesaid ;  and  said  order  and  directions  shall 
be  recorded  in  said  court  with  said  decrees. 

729.  The  said  court  may,  at  its  discretion,  from  time  to 
time,  appoint  any  other  trustee  or  trustees  in  place  of  those 
appointed  by  the  decree ;  and  the  proceeds  of  such  sales  shall 
be  accounted  for,  to,  and  distributed  by,  said  court,  in  the 
manner  usual  in  cases  of  sales  under  decrees  of  said  court. 

730.  Any  mortgagee  of  property  in  the  City  of  Baltimore, 
his  assignee  or  executor,  where  a  power  to  sell  is  contained  in 
the  mortgage,  may  proceed  under  Article  66  of  the  Public 
General  Laws,  title  "  Mortgages,"  but  notices  of  sale  under 
such  power  shall  be  published  in  two  daily  newspapers  in  said 
City  for  the  period  required  by  law. 

731.  Where  a  default  of  the  mortgagors  has  taken  place 
before  the  said  conveyances  have  been  submitted  to  the  Circuit 
Court  of  Baltimore  City,  it  shall,  nevertheless,  be  the  duty  of 
said  court,  upon  the  submission  of  the  said  conveyances  to 
such  court,  after  the  said  default,  to  forthwith  decree  that  the 
mortgaged  premises  shall  be  sold  on  such  terms  of  sale  as  to 
the  said  court  shall  seem  proper,  and  to  appoint  by  said  decree 
a  trustee  or  trustees  to  make  such  sale,  requiring  bond  and 
security  for  the  performance  of  the  trust,  as  is  usual  in  the 

17 


258 


case  of  the  sale  of  mortgaged  premises  ;  and  the  said  trustee 
or  trustees  may  sell  the  same  agreeably  to  the  terms  of  the 
said  decree ;  but  before  each  sale  the  mortgagee  or  mort- 
gagees, or  some  of  the  mortgagees,  or  the  executor  or  admin- 
istrator of  a  deceased  mortgagee,  or  the  assignee  or  assignees 
of  the  mortgagee,  or  one  of  such  assignees,  or  the  executor, 
or  administrator  of  a  deceased  assignee,  shall  file  in  the  court 
in  which  the  said  proceedings  are  pending,  a  statement  of  the 
amount  of  the  said  mortgage  claim  remaining  due,  verifying 
the  same  by  the  oath  or  affirmation  of  the  party  filing  the 
same ;  and  the  said  affidavit  or  affirmation  may  be  made 
before  any  of  the  persons  mentioned  in  section  721  of  this 
Article,  and  the  same  shall  be  authenticated  as  provided  for  in 
section  721. 

732.  The  provisions  of  sections  722-729,  inclusive,  of  this 
Article  shall  apply  to  all  the  proceedings  under  the  preceding 
section. 

NOTAEEES    PUBLIC. 

733.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  shall  appoint  and  commission  a  competent  number 
of  persons  of  known  good  character,  integrity  and  abilities, 
citizens  of  the  United  States,  and  who  have  resided  in  this 
State  two  years  previous  to  their  appointment  as  Notaries 
Public  for  the  State  of  Maryland,  to  reside  in  such  place  or 
places  within  this  State  as  the  Governor  shall  in  and  by  their 
respective  commissions  designate;  but  there  shall  not  be  at 
any  time  more  than  twenty-six  Notaries  apj)ointed  and  com- 
missioned to  reside  within  the  City  of  Baltimore,  one  of  whom 
shall  be  conversant  with  the  German  language. 

734.  The  Governor,  by  and  with  the  advice  and  consent  of 
the  Senate,  is  hereby  authorized  to  appoint  four  Notaries 
Public  for  the  City  of  Baltimore  in  addition  to  those  provided 
for  in  the  preceding  section. 

OYSTERS. 

735.  All  oysters  in  the  shell  sold  in  the  City  of  Baltimore 
shall  be  measured  by  a  licensed  measurer;  any  person  may 
obtain  a  license  therefor  from  the  Clerk  of  the  Court  of 
Common  Pleas  by  paying  therefor  the  sum  of  ten  dollars  and 
taking  an  oath  before  said  clerk  for  the  faithful  performance 
of   his  duty;    said  license   shall  hold  good  for  one  year;  a 


259 


measurer  shall  receive  for  his  services  one-half  cent  per  bushel, 
to  be  paid  equally  by  the  buyer  and  seller ;  any  person  violat- 
ing the  provisions  of  this  section  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  shall  be  fined  not  less  than 
twenty  nor  more  than  fifty  dollars  for  each  offence,  and  impris- 
oned until  the  fine  and  costs  shall  be  paid. 

PAKKS  AND  SQUARES. 

736.  The  Board  of  Park  Commissioners,  for  the  purpose 
specified  in  section  96  of  this  Article,  is  empowered  to  form 
a  zoological  collection  within  the  limits  of  any  of  the  parks 
and  squares  under  its  control. 

737.  The  said  Commissioners  are  authorized  to  receive 
subscriptions  of  money  for  the  purpose  of  said  collection  not 
to  exceed  in  amount  one  hundred  thousand  dollars,  and  to  issue 
certificates  of  stock  therefor,  in  sums  of  not  less  than  one 
hundred  dollars,  each  bearing  interest  at  the  rate  of  six  per 
cent.,  payable  half-yearly  out  of  the  income  derived  from  said 
collection,  which  certificates  shall  be  signed  by  a  member  of 
said  Commissioners  appointed  by  them  for  the  purpose,  and 
the  secretary  thereof,  and  have  attached  thereto  a  seal,  which 
the  said  Commissioners  are  authorized  to  adopt  for  the 
purpose. 

738.  In  addition  to  the  six  per  cent,  interest  aforesaid,  each 
holder  of  a  certificate  shall  be  entitled  to  receive  for  every  one 
hundred  dollars  subscribed  by  him  or  her,  as  many  free 
entrance  tickets  to  the  zoological  collection  as  the  said  Com» 
missioners  may  deem  proper. 

739.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized to  issue  bonds  or  certificates  of  indebtedness  of  said  cor- 
poration to  an  amount  not  exceeding  one  hundred  thousand 
dollars,  to  be  applied  to  the  purchase  of  ground  for  and  the 
establishment  of  a  park  in  that  portion  of  the  City  of  Balti- 
more lying  west  of  Poppleton  street  and  south  of  Franklin 
street  in  said  City ;  which  said  bonds  or  certificates  of  indebted- 
ness shall  be  payable  at  such  times  and  bear  such  rate  of 
interest,  not  exceeding  three  and  one-half  per  centum  per 
annum,  as  the  said  Mayor  and  City  Council  shall  provide  by 
ordinance;  provided,  that  the  said  bonds  or  certificates  of 
indebtedness  shall  not  be  issued  unless  the  ordinance  which 


260 


the  Mayor  and  City  Council  of  Baltimore  are  authorized  to 
enact  for  that  purpose  shall  be  approved  by  a  majority  of  the 
votes  of  the  legal  voters  of  said  City,  cast  at  the  time  and 
places  to  be  designated  by  said  ordinance,  in  the  provision 
for  submitting  the  same  to  the  legal  voters  of  said  City,  as 
required  by  section  7,  Article  XI,  of  the  Constitution  of  Mary- 
land ;  provided,  however,  that  the  said  bonds  or  certificates  of 
indebtedness  shall  not  be  sold  for  less  than  par ;  and  the  said 
Mayor  and  City  Council  of  Baltimore  are  authorized  to  pro- 
vide by  ordinance  for  the  laying  of  such  an  annual  tax  as  shall 
be  sufficient  to  pay  the  interest  on  said  bonds  or  certificates  of 
indebtedness,  and  provide  a  sinking  fund  for  their  redemption 
at  maturity. 

POLICE   COMMISSIONERS. 

Ch-ganizafion  of  Force. 

740.  There  shall  be  elected  by  the  joint  meeting  of  the  two 
houses  of  the  General  Assembly,  by  ballot,  three  sober  and 
discreet  persons,  who  shall  have  been  residents  in  the  City  of 
Baltimore  for  three  consecutive  years  next  preceding  the  day 
of  their  election,  who  shall  be  known  as  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  ;  said  Commissioners 
shall  be  subject  to  removal  as  provided  in  this  sub-division  of 
this  Article;  one  of  said  Commissioners  shall  be  elected  and 
appointed  for  two  years,  one  for  four  years,  and  one  for  six 
years,  who  shall  hold  office  until  their  respective  successors  are 
elected,  or  appointed  and  qualified  ;  each  of  said  Commissioners 
shall  receive  a  salary  of  twenty -five  hundred  dollars  per  annum, 
payable  quarterly.  As  the  terms  of  office  shall  expire,  as  desig- 
nated above,  they  shall  be  filled  or  appointed  for  six  years  each. 
Before  entering  upon  the  duties  of  their  office  of  Commis- 
sioner, each  member  thereof  shall  enter  into  bond  to  the  State 
of  Maryland,  with  one  or  more  sureties,  in  the  penalty  of  ten 
thousand  dollars,  conditioned  for  the  faithful  discharge  of  his 
duties  as  such  Commissioner  ;  said  bond  to  be  approved  by  the 
Judge  of  the  Superior  Court  of  the  City  of  Baltimore,  to  be 
kept  and  recorded  by  the  clerk  of  the  said  court,  in  the  office 
thereof,  together  with  the  certificate  of  appointment  as  afore- 
said; and  shall  also  take  and  subscribe  before  the  said  Judge 
of  the  Superior  Court,  or  the  clerk  thereof,  the  oath  or  affirma- 
tion prescribed  l)y  the  sixth  section  of  the  first  Article  of  the 
Constitution ;  and  the  further  oath  or  affirmation,  that  in  every 
appointment  or  removal  to  be  made  by  them  to  or  from  the 
police  force,  created  and  to  be  organized  by  them  under  this 


261 


sub-division  of  this  Article,  they  will  in  no  case,  and  under  no 
pretext,  appoint  or  remove  any  policeman  or  officer  of  police, 
or  detective,  or  any  other  jDerson  under  them,  for  or  on  account 
of  the  political  opinions  of  such  policeman,  officer,  detective 
or  other  person,  or  for  any  other  cause  or  reason  than  the 
fitness  or  unfitness  of  such  person,  in  the  best  judgment  of 
said  Commissioners,  for  the  place  to  which  he  shall  be 
appointed,  or  from  which  he  shall  be  removed ;  and  the  said 
oath  or  affirmation  shall  be  recorded  and  preserved  among  the 
records  of  said  court. 

741.  The  Board  of  Police  Commissioners,  on  entering  upon 
their  duties  as  such,  shall  select  one  of  their  number  who  shall 
be  the  president,  and  one  of  their  number  who  shall  be  the 
treasurer  thereof  ;  and  in  case  a  vacancy  shall  happen  in  said 
Board  during  the  recess  of  the  General  Assembly',  it  shall  be 
tilled  by  the  Governor  of  the  State,  which  appointment  shall 
continue  until  the  next  session  of  the  General  Assembly,  which 
shall  proceed  to  fill  said  vacancy ;  and  the  General  Assembly 
shall  also,  in  like  manner,  elect  by  joint  ballot.  Commissioners 
to  succeed  those  whose  term  of  service  shall  expire — such  elec- 
tion to  be  had  at  the  regular  session  of  the  General  Assembly 
immediately  preceding  such  expiration — and  neither  of  said 
Commissioners  shall  bo  eligible  to  an  elective  or  appointed 
office  during  the  term  for  which  he  has  been  elected,  except 
under  the  militia  laws  of  the  State  ;  and  for  any  official  miscon- 
duct on  the  part  of  said  Commissioners,  the  General  Assembly, 
if  in  session,  shall  have  power  of  removal,  and  during  the  recess 
of  the  same,  the  Governor  shall  remove  any  of  said  Commis- 
sioners, on  conviction  for  any  felony  before  any  court  of  law, 
and  shall  appoint  a  successor  to  such  delinquent  Commissioner 
so  removed,  to  serve  until  the  next  meeting  of  the  General 
Assembly. 

742.  The  Board  of  Police  Commissioners  shall  select  some 
suitable  person  to  act  as  secretary  to  the  Board,  whose  duty  it 
shall  be  to  keep  minutes  of  the  proceedings  of  the  Board,  take 
charge,  by  direction  of  the  Board,  of  all  property  seized  or 
found  by  the  police  or  detectives,  and  to  perform  all  clerical 
and  proper  duties  required  of  him  by  said  Board ;  and  it  shall 
further  be  the  duty  of  said  secretary  to  prepare  forms  of  all 
poll-books  and  election  returns,  warrants  of  arrest  and  commit- 
ments to  be  used  by  the  judges  of  election  for  all  elections  held 
in  Baltimore  City,  to  superintend  carefully  the  printing  thereof, 


262 


and  to  perform  all  otlier  clerical  duties  devolved  upon  said 
Board  bj  law  in  connection  with  all  elections  held  in  said  City, 
as  may  he  required  of  him  by  said  Board  ;  said  secretary  shall 
enter  into  bond  to  the  State  of  Maryland  in  the  same  manner 
as  is  by  law  prescribed  for  said  Commissioners,  in  the  sum  of 
five  thousand  dollars,  conditioned  for  the  faithful  discharge  of 
his  duties  aforsaid,  and  the  safe  keeping  of  all  property  placed 
in  his  hands  as  aforesaid,  and  shall  receive  the  salary  of  two 
thousand  dollars  per  annum,  payable  monthly,  and  be  subject 
to  removal  at  the  pleasure  of  the  Board. 

743.  The  Board  of  Police  Commissioners  are  hereby  author- 
ized to  employ  an  additional  officer,  to  be  known  as  assistant 
to  the  secretary  to  the  Board ;  the  salary  of  said  assistant 
secretary  shall  be  twelve  hundred  dollars  per  annum,  payable 
monthly. 

744.  The  duties  of  the  Board  of  Police  Commissioners 
hereby  created  shall  be  as  follows :  They  shall  at  all  times  of 
the  day  and  night,  within  the  boundaries  of  the  City  of  Baltimore, 
as  well  on  the  water  as  on  the  land,  preserve  the  public  peace, 
prevent  crime  and  arrest  oflfenders,  protect  the  rights  of  persons 
and  property,  guard  the  public  health,  preserve  order  at  primary 
meetings  and  elections,  and  at  all  public  meetings  and  conven- 
tions and  on  all  public  occasions  and  places,  prevent  and 
remove  nuisances  in  all  the  streets  and  highways,  waters  and 
water-courses,  and  all  other  places,  provide  a  proper  police 
force  at  every  fire  for  the  protection  of  firemen  and  property, 
protect  strangers,  emigrants  and  travelers  at  all  steamboat, 
ferry-boat  and  ship  landings  and  railway  stations,  see  that  all 
laws  relating  to  elections,  and  to  the  observance  of  Sunday, 
and  regarding  pawnbrokers,  gambling,  intemperance,  lotteries 
and  lottery  policies,  vagrants,  disorderly  persons  and  the  public 
health  are  enforced,  and  also  to  enforce  all  laws,  ordinances  of 
the  Mayor  and  City  Council  of  Baltimore,  not  inconsistent 
with  the  provisions  of  this  sub-division  of  this  Ai-ticle,  or  of 
any  law  of  the  State  which  may  be  properly  enforceable  by  a 
police  force ;  and  in  case  the  said  Board  of  Police  Commis- 
sioners shall  have  reason  to  believe  that  any  person  within  the 
limits  of  the  City  of  Baltimore  intends  leaving  the  City  for  the 
purpose  of  committing  any  breach  of  the  peace,  or  of  violating 
any  law  of  the  State  beyond  the  limits  of  the  City,  upon  the 
Chesapeake  bay,  or  on  any  river,  creek,  inlet,  water-course,  or 
at  any  other  place  on  land  or  water  within  the  State  of  Mary- 


263 


land,  it  shall  be  the  duty  of  the  said  Board  of  Police  Commis- 
sioners to  cause  such  person  to  be  followed,  and  to  take  the 
most  effectual  means  for  the  suppression  and  prevention  of  such 
outrage,  when  any  such  shall  be  attempted,  and  to  cause  the 
arrest  of  all  such  offenders  ;  provided,   however,  that    if  any 
crime  be  actually  committed  by  such  person,  the  offender  shall 
be  delivered  to  the  proper  jurisdiction  for  trial  and  punish- 
ment;   any   person   charged    with    the   commission    of  crime 
in  the  City  of  Baltimore  and  against  whom  criminal  process 
shall  have  issued,   may  be  arrested  upon   the   same  in   any 
part  of  the  State  by  the  police  force  created  under  this  sub- 
division   of  this    Article,   under    such    rules    and    regulations 
as  the  Board  of  Police  Commissioners  may  adopt ;  and  the 
said  Board  shall  have  power  to   summon   witnessess   before 
it  and  to  administer  oaths  or  affirmations  to  such  witnesses 
whenever,    in    the   judgment    of  the    said   Board,   it   may   be 
necessary   for  the   effectual   discharge   of    their  duties   under 
this  sub-division  of  this   Article ;  and   any  person  failing  to 
appear  in  answer  to  said   summons,   or  refusing   to  testify, 
shall  be  subject  to  a  penalty  of  not  less  than  twenty-five  nor 
more  than  fifty  dollars,  to  be  recovered  by  civil  action  in  the 
name  of  the  State,  to  the  use  of  the  said  Board,  or  by  indict- 
ment in  the  Criminal  Court  of  Baltimore ;  false  swearing  on 
the  part  of  any  such  witness  shall  be  deemed  perjury,  and  shall 
be  punished  as  such. 

745.  The  said  Board  of  Police  Commissioners  are  authorized 
and  required,  immediately  on  entering  on  their  duties  of  their 
office,  to  appoint,  enroll  and  employ  a  permanent  police  force 
for  the  City  of  Baltimore,  which  they  shall  arm  and  equip  as 
they  may  judge  necessary,  under  such  rules  and  regulations  as 
they  may  from  time  to  time  prescribe ;  and  the  said  Board  shall 
have  power  to  remove  any  police  officer  or  officers  of  police,  or 
any  detective,  for  the  violation  of  any  rule  or  regulation  which 
they  may  make  and  promulgate  to  said  police  force,  officers  of 
police,  or  any  detective ;  said  police  force  shall  consist  of  one 
Marshal  and  one  Deputy  Marshal  of  Police  of  the  City,  and 
one  Captain,  two  Lieutenants,  two  Round  Sergeants,  two  Turn- 
keys and  one  Clerk  at  each  station-house,  which  clerk  shall 
receive  a  salary  of  eighteen  dollars  per  week,  and  one  Lieu- 
tenant of  Mounted  Police,  who  shall  have  charge  of  the  mounted 
force,  with  the  rank  and  pay  of  a  Lieutenant  of  Police,  and 
such  number  of  Sergeants  as  said  Board  of  Police  in  their 
judgment  may  deem  necessary  for  each  police  district  in  said 


264 


City,  and  seven  hundred  men,  which  force  may  be  increased 
at  any  time,  if,  in  the  opinion  of  the  Board,  the  public  peace 
shall  require,  to  any  number  and  for  such  period  of  time  as 
they  may  think  proper,  by  the  appointment  of  special  police- 
men, who  shall  receive  the  sum  of  two  dollars  and  fifty  cents 
per  day  for  their  services.  The  pay  of  an  ordinary  policeman 
shall  be  eighteen  dollars  per  week,  payable  semi-monthly  ;  and 
in  case  the  Board  shall  appoint  detective  policemen,  and  they 
are  hereby  authorized  and  empowered  to  do  so,  if  they  shall 
think  fit,  to  the  number  of  twenty-five,  said  detectives  shall 
receive  the  sum  of  twenty-three  dollars  per  week  each,  payable 
semi-monthly,  and  shall  not  be  allowed  to  follow  any  business  or 
profession,  but  shall  devote  their  time  to  the  discharge  of  their 
duties  as  detectives  ;  the  Board  shall  assign  one  detective  to  each 
police  district  station-house,  said  detective  to  be  under  the 
direction  of  the  commanding  officer  of  the  district  and  to  operate 
from  said  station-house.  The  officers  of  police  shall  be  paid 
semi-monthly,  and  their  pay  shall  be  as  follows  :  The  Marshal 
shall  receive  two  thousand  five  hundred  dollars  per  annum, 
the  Deputy  Marshall  shall  receive  two  thousand  dollars  per 
annum,  each  Captain  shall  receive  thirty  dollars  per  week,  each 
Lieutenant  twenty- five  dollars  per  week,  each  Round  Sergeant 
twenty-three  dollars  per  week,  each  Sergeant  twenty  dollars  per 
week,  and  each  Turnkey  eighteen  dollars  per  week.  The  pay 
herein  provided  for  police  officers,  policemen  and  detectives 
shall  continue  in  force  until  a  change  shall  be  made  by  law. 
They  are  authorized  and  empowered  to  appoint  thirty-five  addi- 
tional officers,  who  shall  be  known  as  probation  officers,  who 
shall  hold  their  places  without  a  commission  until  vacancies 
shall  occur  in  the  regular  force,  the  pay  of  said  officers  so 
appointed  as  aforesaid  shall  be  twelve  dollars  pet  week,  to  be 
paid  at  the  same  time  and  in  the  same  manner  as  the  other 
officers  of  said  police  force  are  paid.  Provided,  however,  that 
nothing  herein  contained  shall  be  construed  as  in  any  manner 
changing  or  altering  the  method  of  making  appointments  to, 
promotions  in  or  removals  from  the  police  force,  as  prescribed 
by  Chapter  16,  of  the  Acts  of  the  General  Assembly  of  1900, 
but  said  police  force  shall  be  regulated  and  managed  in  all 
respects  in  accordance  with  said  Chapter  \&,  of  said  Acts  of 
Assembly  of  1900.  And  provided,  further,  that  nothing  herein 
contained  shall  be  construed  to  legislate  out  of  office  any  police 
officer,  detective,  or  officer  of  police  now  on  the  force,  or  any 
employee  of  the  Board  of  Police  Commissioners. 


265 


746.  They  are  authorized,  empowered  and  directed  to  select 
some  suitable  person  to  act  as  clerk  to  the  Marshal  of  Police 
for  said  City,  at  a  salary  of  twenty-five  dollars  per  week,  pay- 
able semi-monthly ;  and  the  said  clerk,  liefore  entering  upon 
the  duties  of  his  office,  shall  enter  into  bond  to  the  State  of 
Maryland  in  the  penalty  of  two  thousand  dollars,  conditioned 
for  the  faithful  discharge  of  his  duties  as  such  clerk,  the  said 
bond  to  be  approved  by  them. 

747.  It  shall  be  their  duty  to  estimate  annually  what  sum 
of  money  will  be  necessary  for  each  current  fiscal  year  to  enable 
them  to  discharge  the  duty  imposed  on  them,  and  they  shall 
forthwith  certify  the  same  to  the  Mayor  and  City  Council  of 
Baltimore,  who  are  required,  without  delay,  specifically  to 
assess  and  levy  such  amount  as  shall  be  suflicient  to  raise  the 
same  clear  of  all  expenses  and  discounts  upon  all  the  assessa- 
ble property  in  the  City  of  Baltimore,  and  cause  the  same  to 
be  collected  as  all  other  City  taxes  ;  and  it  is  made  the  duty  of 
the  City  Collector  of  Baltimore,  and  he  is  required  to  collect 
said  tax,  to  be  denominated  the  police  tax  ;  and  the  said  Board 
of  Police  Commissioners,  upon  and  after  qualifying  as  such, 
are  authorized  to  make  requisitions  from  time  to  time  upon  the 
Comptroller  of  the  City  of  Baltimore,  or  other  proper  dis- 
bursing officer  of  the  corporation,  for  such  sums  of  money  as 
they  may  from  time  to  time  deem  necessary  for  the  purpose 
of  carrying  out  the  objects  and  intentions  of  this  sub-division 
of  this  Article  ;  provided,  the  same  shall  not  exceed  in  any  one 
year  the  amount  so  as  aforesaid  certified,  or  which  may  there- 
after be  certified  for  that  vear,  to  the  Mayor  aud  Citv  Council 
of  Baltimore  aforesaid ;  and  in  case  the  said  disbursing  officer 
shall  not  forthwith  pay  over  the  amount  of  each  requisition 
as  made,  it  shall  be  the  duty  of  the  said  Board,  and  they  are 
authorized  and  required  to  issue  certificates  of  indebtedness, 
in  the  name  of  the  Mayor  and  City  Council  of  Baltimore,  in 
such  sum  as  they  may  deem  advisable  for  the  amount  of  such 
requisitions,  respectively,  bearing  interest  at  six  per  cent,  per 
annum,  payable  at  not  more  than  twelve  months  after  date, 
and  signed  by  a  majority  of  said  Board,  and  to  raise  the 
money  on  said  certificates  by  pledging  or  disposing  of  the 
same  ;  which  certificates  shall  be  receivable  at  par  in  payment 
of  City  taxes,  and  be  as  binding  on  said  corporation  and  as 
recoverable  against  it  as  if  the  Mayor  and  City  Council  of 
Baltimore  had  themselves  issued  the  same ;  and  the  Mayor  and 
City  Council  of  Baltimore  shall  have  no  power  or  authority 


266 


to  levy  or  collect  any  tax  or  appropriate  any  money  for  the 
payment  of  any  police  force  other  than  that  organized  and 
employed  under  this  sub-division  of  this  Article ;  and  no 
officer  or  other  employee  of  the  said  Mayor  and  City  Council 
of  Baltimore  shall  disburse  any  money  therefor ;  and  the  power 
of  said  Mayor  and  City  Council  to  levy  and  collect  taxes  and 
appropriate  and  disburse  money  for  the  payment  of  the  police 
force  organized  and  employed  under  this  sub-division  of  this 
Article  shall  be  exercised  as  herein  directed,  and  not  other- 
wise ;  and  in  case  the  amount  so  as  aforesaid  to  be  estimated 
by  the  said  Board  shall  from  any  cause  prove  insufficient  for 
the  necessary  expenses  for  the  current  year,  the  said  Board 
is  authorized  and  empowered  to  issue  certificates  and  raise 
money  therefrom,  as  hereinbefore  provided,  to  meet  the  said 
exigency;  provided,  however,  that  no  additional  issue  shall 
exceed  the  sum  of  fifty  thousand  dollars  in  any  one  year,  and 
that  the  amount  thereof  shall  be  added  to  the  estimate,  assess- 
ment and  levy  for  the  year  next  ensuing,  and  that  said  certifi- 
cates shall  not  be  made  payable  at  an  earlier  day  than  twelve 
months  from  the  date  of  their  issue,  but  may  be  receivable  in 
payment  of  City  taxes  at  any  time  they  may  be  so  presented. 

748.  It  shall  be  the  duty  of  the  Sherifi"  of  Baltimore  City, 
whenever  called  on  for  that  purpose  by  said  Board,  to  act 
under  their  control  for  the  preservation  of  the  public  peace  and 
quiet,  and  if  ordered  by  them  to  do  so,  he  shall  summon  the 
posse  comltatus  for  that  purpose,  and  hold  and  employ  such 
posse,  subject  to  their  discretion  in  case  the  said  Board  shall 
deem  it  necessary ;  they  shall  call  out  such  military  force,  law- 
fully organized  or  existing  in  said  City,  as  they  may  see  fit,  to 
aid  them  in  preventing  threatened  disorder  or  opposition  to  the 
laws,  or  in  suppressing  insurrection,  riot  or  disorder  on  elec- 
tion days,  and  at  all  other  times  ;  and  it  shall  be  the  duty  of 
said  military  force  so  called  out,  to  obey  such  orders  as  may  be 
given  them  by  said  Board  ;  whenever  the  exigency  or  circum- 
stances may,  in  their  judgment,  warrant  it,  the  said  Board  shall 
have  the  power  to  assume  the  control  and  command  of  all  con- 
servators of  the  peace  in  the  City  of  Baltimore,  whether  sherifi's, 
constables,  police  or  others,  and  they  shall  act  under  the 
orders  of  the  said  Board,  and  not  otherwise ;  and  in  case  of  the 
refusal  of  the  said  sheriff,  or  any  policeman,  constable,  or  other 
peace  officer  or  persons,  to  obey  any  lawful  command  of  said 
Board  under  the  provisions  of  this  section,  they  shall,  respec- 
tively, be  guilty  of  a  misdemeanor  and  punishable  as  in  such 


267 


cases  made  and  provided ;  and  any  officer  of  any  military  force 
in  the  City  of  Baltimore,  organized  under  any  law  now  existing, 
or  which  may  hereafter  be  enacted  by  the  General  Assembly  of 
this  State,  who,  upon  being  called  on  by  the  said  Board  as 
aforesaid,  shall  refuse  or  wilfully  fail  to  call  out  the  force  under 
his  command,  or  to  obey  the  orders  of  the  said  Board,  or  to 
enforce  by  all  lawful  means  the  performance  of  the  duties  to 
said  force  assigned;  and  any  inferior  officer  or  private  who 
shall  refuse  or  wilfully  fail  to  obey  the  orders  of  his  superior 
officer  in  such  behalf,  shall  be  guilty  of  a  misdemeanor,  and 
punishable  as  in  such  cases  made  and  provided. 

749.  Whenever  a  vacancy  shall  take  place  in  any  grade  of 
officers  (except  the  marshal  and  deputy  marshal),  it  shall  be 
filled  from  the  next  lowest  grade,  if  competent  men  can  be 
found  therein ;  the  Board  of  Police  Commissioners  are  author- 
ized to  make  all  such  rules  and  regulations,  not  inconsistent 
with  this  sub-division  of  this  Article,  as  they  may  judge  neces- 
sary for  the  appointment  and  employment,  uniforming,  disci- 
pline, trial  and  government  of  the  police  and  detectives,  and 
for  the  relief  and  compensation  of  the  members  of  the  police 
injured  in  person  and  property  in  the  discharge  of  their  duty, 
and  the  families  of  men  or  officers  killed  while  in  its  perform- 
ance; provided,  that  the  allowance  in  any  one  instance  shall 
not  exceed  twelve  months'  pay ;  the  said  Board  shall  have 
power  to  require  of  any  policeman,  officer  of  police  or  detective, 
bond  with  sureties,  when  they  may  consider  it  demanded  by 
the  public  interest;  all  lawful  rules  and  regulations  of  the 
Board  shall  be  obeyed  by  the  policemen,  officers  of  police  and 
detectives,  on  pain  of  dismissal  or  such  lighter  punishment  as 
may  be  prescribed  by  the  said  Board ;  and  the  said  Board  shall 
have  power  to  suspend  from  duty,  fine  or  forfeit  the  pay  of  any 
officer  or  policeman,  or  suspend  any  rule  or  regulation  made 
and  adopted  by  them. 

750.  No  officer  of  police,  policeman  or  detective  shall  be 
allowed  to  receive  any  money  as  a  gratuity  or  extra  compensa- 
tion for  any  services  he  may  render,  without  the  consent  of  the 
said  Board ;  and  all  such  moneys  as  any  officer  of  police,  police- 
man and  detective  may  be  so  permitted  to  receive  shall  be  paid 
over  to  the  said  Board,  and  together  with  the  proceeds  of  all 
fines,  forfeitures,  penalties  and  unclaimed  property  which  may 
come  into  the  possession  of  the  said  Board,  or  be  recovered  by 
them  under  the  provisions  of  this  sub-division  of  this  Article, 


268 


or  any  other  law,  shall  form  a  fund  which  the  Board  may  apply 
^  towards  the  allowances  of  officers  of  police,  policemen  and 
detectives  and  their  families,  as  hereinbefore  authorized,  and 
for  extra  pay  to  such  members  of  the  force  as  by  gallantry  and 
good  conduct  on  extraordinary  occasions  they  may  be  judged 
to  merit ;  and  any  officer  of  police,  policeman  or  detective  who 
shall  directly  or  indirectly,  in  violation  of  this  section,  receive 
any  money  as  a  gratuity  or  extra  compensation,  and  shall  fail 
to  deliver  the  same  to  the  Board  for  the  purposes  hereinbefore 
provided,  and  shall  apply  the  same  to  his  own  use,  shall  be 
forthwith  dismissed,  and  be  forever  after  ineligible  to  any 
position  in  the  force. 

751.  The  Board  of  Police  Commissioners  shall  cause  to  be 
kept  by  their  secretary,  a  full  report  of  their  proceedings,  and 
also  cause  all  their  receipts  and  disbursements  of  money  to  be 
faithfully  entered  in  books  to  be  provided  for  that  purpose ; 
and  said  books,  journals  and  all  other  documents  in  the  posses- 
sion of  said  Board,  shall  always  be  open  to  inspection  by  the 
General  Assembly,  or  any  committee  appointed  by  it  for  that 
purpose ;  and  it  shall  be  the  duty  of  the  said  Board  to  report 
to  the  General  Assembly  at  each  regular  session,  or  as  may 
hereafter  be  directed  by  said  General  Assembly,  the  number 
and  expense  of  the  police  force  employed  by  them  under  this 
sub-division  of  this  Article,  and  all  such  other  matters  as  may 
be  of  public  interest  in  connection  with  the  duties  assigned  to 
them ;  and  said  books,  journals  and  other  documents,  and  the 
vouchers  for  all  payments  by  said  Board  of  Police  Commis- 
sioners shall  at  all  times  be  open  to  the  inspection  of  the  Mayor 
and  City  Register,  or  either  of  them ;  and  it  shall  be  the  duty 
of  the  Comptroller  of  the  City  of  Baltimore  to  examine  all 
bills  and  accounts  presented  by  said  Board  of  Police  Commis- 
sioners and  the  vouchers  therefor. 

752.  The  treasurer  of  the  Board  of  Police  Commissioners, 
before  entering  upon  the  duties  of  his  office  as  such  treasurer, 
shall,  in  addition  to  the  bond  given  as  Commissioner,  enter  into 
bond  to  the  State  of  Maryland,  with  one  or  more  sureties,  in 
the  penalty  of  ten  thousand  dollars,  conditioned  for  the  faithful 
discharge  of  the  duties  imposed  upon  him  as  treasurer,  and  the 
faithful  application  and  payment  over,  pursuant  to  the  order 
and  direction  of  the  said  Board,  of  all  moneys  which  may  come 
into  his  hands  as  such  treasurer;  and  shall,  every  six  months, 
on  the  first  day  of  January  and  July,  in  each  and  every  year 


269 


during  his  continuance  in  office,  render  to  his  associates  in  said 
Board,  a  true  and  faithful  account  of  the  receipts  and  disburse- 
ments of  all  moneys  received  and  disbursed  hj  him  bj  order  of 
the  said  Board,  with  the  vouchers  thereof  during  said  period, 
which  accounts  shall  be  verified  by  the  affidavit  of  said 
treasurer ;  and  the  said  Board  shall  thereupon  examine  said 
account,  and  if  they  find  the  same  to  be  correct,  they  shall 
certify  said  account,  and  forward  the  same  to  the  Governor  of 
the  State,  to  be  filed  in  the  office  of  the  Secretary  of  State ;  the 
said  Board  shall  retain  a  copy  thereof,  with  their  certificate 
attached,  to  be  filed  among  the  papers  of  their  office. 

753.  The  said  Board  of  Police  Commissioners  are  author- 
ized and  empowered,  whenever  in  their  judgment  the  public 
peace  and  tranquility  may  require,  to  order  the  closing  tempo- 
rarily of  any  and  all  bar  rooms,  bars,  drinking  houses  and 
liquor  shops,  and  all  other  places  where  liquor  is  usually  sold 
in  the  City  of  Baltimore,  and  forbid  the  selling  and  furnishing 
of  liquor  thereat ;  and  any  proprietor  or  keeper,  or  any  other 
person  for  such  proprietor  or  keeper,  of  any  such  drinking 
house,  place  or  places,  as  well  as  all  other  places  where  liquor 
is  usually  sold,  who  shall  refuse  or  fail  to  obey  such  order  of 
said  Board  of  Police  Commissioners  passed  in  pursuance 
thereof,  or  who  shall  sell  or  furnish  liquor  from  any  such 
place  or  places,  during  such  period  as  said  Board  shall  so 
forbid,  shall  be  guilty  of  a  misdemeanor ;  and  it  shall  be  the 
duty  of  each  and  every  officer  of  police,  policeman  and  detective, 
who  may  be  cognizant  of  any  violation  of  this  section,  to  report 
the  same  to  the  Grand  Jury  of  the  City  of  Baltimore,  if  in 
session,  and  if  not  in  session,  then  to  the  next  Grand  Jury 
that  may  be  summoned  for  said  City ;  and  every  officer  of 
police,  policeman  and  detective  who  shall  wilfully  fail  to  make 
such  report  shall  be  forthwith  dismissed  from  his  position,  and 
shall  be  forever  after  ineligible  to  any  position  in  the  police. 

754.  They  are  authorized  and  empowered  to  take  posses- 
sion of  all  property  heretofore  by  law  assigned  to  the  former 
Board  of  Police,  and  to  have  and  use  a  common  seal ;  they  may 
divide  the  City  into  such  number  of  police  districts  as  they  may 
think  necessary  for  the  public  good  ;  and  if  found  practicable, 
in  addition  to  the  station-houses  and  property  attached  thereto, 
which  they  are  authorized  and  empowered  to  take  possession  of 
and  use,  they  may  provide  additional  station-houses,  with  all 


270 


necessary  appurtenances,  as  ma}-  be  found  needful  and  neces- 
sary, and  such  accommodations  as  may  be  requisite  for  the 
police  force  ;  said  board  shall  also  have  the  use  of  the  fire-alarm 
iind  police  telegraph  in  the  City  of  Baltimore,  and  of  all  station- 
houses,  watch-boxes,  arms,  accout)-ements  and  other  accom- 
modations and  property  provided  by  the  city  of  Baltimore  for 
the  use  and  service  of  the  police  heretofore  created  by  any  act 
of  the  corporation  of  said  City,  as  fully  and  to  the  same  extent 
as  if  the  same  had  been  provided  for  the  use  of  the  Board 
created  by  this  sub-division  of  this  Article. 

755.  It  shall  be  the  duty  of  every  officer  of  police,  and 
every  policeman  and  detective,  to  report  to  the  Board,  and 
deliver  to  them  all  property  seized  or  found  by  said  officer  of 
police,  policeman  or  detective,  immediately  after  the  same  shall 
have  come  into  their  possession,  which  property,  with  the  date 
of  delivery  and  description  of  the  same,  and  the  name  of  the 
officer,  policeman  or  detective  depositing  the  same,  sliall  be 
entered  in  a  book  by  the  secretary,  to  be  provided  for  that  pur- 
pose ;  said  secretary  shall  have  the  custody  of  all  such  property, 
and  shall  be  held  responsible  for  the  safe  delivery  of  the  same 
to  the  claimants,  when  ordered  to  do  so  in  writing  by  the  said 
Board,  which  order  shall  be  his  voucher ;  and  any  officer, 
policeman  or  detective  who  shall  fail  or  refuse  for  a  period  of 
twenty-four  hours  to  deposit  all  such  property  as  aforesaid, 
shall  be  subject  to  removal  by  the  said  Board  ;  and  every  officer, 
policeman  or  detective  who  shall  wilfully  refuse  to  return  all 
such  property  as  aforesaid,  or  sliall  return  the  same  to  any 
claimant,  shall  be  forthwith  dismissed  from  office. 

756.  lu  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  so  as  above  constituted  and 
designated,  the  said  Board  of  Police  Commissioners  are 
empowered,  whenever  in  their  opinion  the  efficiency  of  the 
service  may  requii'e  it,  to  retire  any  officer  of  police,  police- 
man, detective,  clerk  or  turnkey  appointed  by  them,  and  pay 
him  in  monthly  instalments  out  of  said  fund  for  life  a  sum  of 
money  not  to  exceed  one-half  of  the  amount  of  money  monthly 
paid  to  him  as  such  officer  of  police,  policeman,  detective, 
clerk  or  turnkey  at  the  time  of  his  said  retirement.  Provided, 
however,  he  shall  have  .served  faithfully  not  less  than  sixteen 
years  as  such  officer  of  police,  policeman,  detective,  clerk  or 
turnkey  or  shall  have  been  permanently  disabled,  in  the  dis- 
charge of  his  duty  as  such  officer  of  police,  policeman,  detec- 


271 


tive,  clerk  or  turnkey,  and  the  said  Board  shall  in  all  cases 
before  making  such  retirement  procure  and  file  among  their 
records  a  certificate  of  a  competent  and  reputable  physician 
that  the  person  proposed  to  be  retired  has  been  thoroughly 
examined  by  him,  and  that  he  is  incapable  of  performing  active 
police  duty,  and  it  shall  be  the  duty  of  such  officer  of  police, 
policeman  or  detective  so  retired  to  perform  such  police  duties 
and  at  such  times  as  the  Board  of  Police  Commissioners  shall 
deem  proper,  said  term  of  service  not  to  exceed  seven  days 
during  any  year,  and  for  such  services  no  extra  compensation 
shall  be  allowed  by  said  Board,  and  the  said  Board  shall  have 
power  in  their  discretion  to  suspend  payment  to  any  such 
officer  of  police,  policeman  or  detective  for  a  term  not  to 
exceed  three  months  for  the  first  oftense,  for  the  second  offense 
a  term  not  to  exceed  six  months,  and  for  the  third  oftense 
shall  be  subject  to  dismissal  upon  proof  given  that  the  said 
officer  of  police,  policeman  or  detective  is  living  an  improper 
or  immoral  life.  Said  Board  shall  have  power  to  suspend 
said  payment  to  such  clerk  or  turnkey  if  in  their  judgment 
after  trial  said  clerk  or  turnkey  is  living  an  improper  or 
immoral  life,  such  a  suspension  to  continue  as  long  as  such  a 
life,  in  the  opinion  of  the  said  Board,  is  pursued  by  said  clerk 
or  turnkey ;  pivvided,  however,  that  the  provisions  of  this  Sec- 
tion shall  not  apply  to  any  clerk  appointed  by  said  Board  of 
Police  Commissioners  who  has  not  immediately  prior  to  his 
appointment  served  in  some  capacity  whereby  he  has  been 
required  to  perform  police  duty. 

757.  No  Marshal  of  Police,  or  any  of  the  captains  of  any 
of  the  districts  or  station-houses,  or  any  one  acting  for  or 
under  them,  or  any  of  them,  shall  release  any  persons  com- 
mitted or  confined  in  any  of  the  station-houses  for  any  felony 
or  misdemeanor,  but  all  such  persons  shall  be  released  only  on 
the  order  of  the  committing  Justice,  the  Judge  of  the  Criminal 
Coui't,  or  one  of  the  members  of  the  Board,  or  other  lawful 
process. 

758.  The  said  Board  of  Police  Commissioners  are  required 
on  the  requisition  of  the  Board  of  Park  Commissioners,  to 
detail  from  time  to  time  such  number  of  the  regular  police 
force  of  said  City  as  the  said  Board  may  deem  necessary  for 
the  preservation  of  order  within  any  parks  under  their  control, 
which  detailed  force  shall  have  the  same  power  in  the  premises 
that  the  police  force  of  the  City  have,  as  conservators  of  the 
peace. 


272 

759.  Xotliing  in  tliis  sub-division  of  this  Article  shall  be  so 
construed  as  to  destroy  or  diminish  the  liability  or  responsi- 
bility of  the  Mayor  and  City  Council  of  Baltimore  for  any  fail- 
ure to  discharge  the  duties  and  obligations  of  said  Mayor  and 
City  Council  of  Baltimore,  or  any  of  them,  or  give  the  said 
Mayor  and  Council  of  Baltimore  any  control  over  said  Board, 
or  any  officer  of  police,  policeman  or  detective  appointed 
thereby. 

760.  All  persons  aiTested  in  the  daytime  under  the  pro- 
visions of  this  sub-division  of  this  Article  shall  be  taken  by  the 
officer  making  the  arrest  immediately  before  the  nearest  Police 
Justice  for  examination,  except  that  all  females  and  male  chil- 
dren under  fourteen  years  of  age  who  may  be  arrested  or 
taken  into  custody  shall  be  taken  before  the  nearest  Police 
Justice  for  examination  when  there  shall  be  matrons  at  the 
station-house  as  hereinafter  provided. 

761.  Whenever  any  person  shall  be  arrested  in  the  City  of 
Baltimore,  charged  wifh  any  crime  or  misdemeanor,  or  for 
being  drunk  or  disorderly,  or  for  any  breach  of  the  peace,  and 
shall  be  taken  before  any  of  the  Police  Justices  of  the  Peace  of 
the  said  City,  and  any  such  person  shall  be  found  to  have 
concealed  about  his  person  any  pistol,  dirk-knife,  bowie-knife, 
sling-shot,  billy,  brass,  iron,  or  any  other  metal  knuckles, 
razor,  or  any  other  deadly  weapon  whatsoever,  such  person 
shall  be  subject  to  a  fine  of  not  less  than  five  dollars  nor  more 
than  twenty-five  dollars,  in  the  discretion  of  the  Police  Justice 
of  the  Peace  before  whom  such  person  may  be  taken,  and  the 
confiscation  of  the  weapon  so  found,  which  said  fine  shall  be 
collected  as  other  fines  are  now  collected  ;  jrrovided,  however, 
that  the  provisions  of  this  section  shall  not  apply  to  those 
persons  who,  as  conservators  of  the  peace,  are  entitled  or 
required  to  carry  a  pistol  or  other  weapon  as  a  part  of  their 
official  equipment. 

762.  Every  person  in  said  City  of  Baltimore  not  being  a 
conservator  of  the  Peace,  entitled  or  required  to  carry  such 
weapons  as  a  part  of  his  official  equipment,  who  shall  wear  or 
carry  any  pistol,  dirk-knife,  bowie-knife,  sling-shot,  billy,  sand- 
club,  metal  knuckles,  razor  or  any  other  dangerous  or  deadly 
weapon  of  any  kind  whatsoever  (penknives  excepted),  con- 
cealed upon  or  about  his  person  ;  and  every  person  who  shall 
carry  or  wear  such  weaj)ons  openly,  with  the  intent  or  purpose 


273 

of  injuring  any  person,  shall,  upon  conviction  thereof,  l)e  fined 
not  more  than  five  hundred  dollars,  and  be  imprisoned  not 
more  than  six  months  in  jail  or  in  the  House  of  Correction  ; 
that  this  section  shall  not  release  or  discharge  any  person  or 
persons  already  oftendiug  against  the  general  law  in  such 
cases  made  and  provided,  but  any  such  person  or  persons  may 
be  proceeded  against,  prosecuted  and  punished  under  the 
general  law  of  this  State  as  if  this  Article  had  not  been 
passed. 

763.  The  said  Board  of  Police  Commissioners  are  authorized, 
empowered  and  directed  to  grant  leave  of  absence  with  pay 
for  a  period  of  twenty  days  in  each  consecutive  year  of  service 
to  each  of  the  ofiicers  of  police,  policemen  and  detectives  of 
the  regular  force  employed  by  the  said  Board ;  nor  shall  any 
enforced  absence  with  leave  on  account  of  sickness  or  death  be 
deducted  from  the  pay  of  any  such  officer  of  police,  policeman  or 
detective,  or  from  the  twenty  days'  leave  as  herein  provided  for. 

764.  The  Board  of  Police  Commissioners  are  hereby  author- 
ized and  empowered  to  appoint  and  employ,  in  addition  to 
the  number  now  authorized  by  law,  fifteen  additional  pro- 
bation officers,  said  officers  so  appointed  to  hold  their  places 
and  receive  their  pay  under  the  provisions  of  law  now  in  force 
and  applicable  to  probation  officers. 

Matrons  at  Statton-Houses. 

765.  The  Board  of  Police  Commissioners  of  Baltimore  shall 
appoint  two  suitable  women  as  matrons  at  four  of  the  station- 
houses  in  said  City,  and  may,  in  their  discretion,  appoint  one 
or  two  suitable  w^omen  as  matrons  at  the  other  station-houses 
in  said  City,  one  for  day  and  the  other  for  night  service,  and 
shall  provide  a  furnished  room  at  each  of  said  station-houses 
for  them. 

766.  No  woman  shall  be  appointed  as  a  matron  aforesaid 
by  the  said  board  unless  she  shall  be  recommended  to  said 
Board  within  three  months  preceding  her  appointment,  by  at 
least  twenty  women  in  good  standing  in  said  City,  in  writing, 
as  a  suitable  person  for  the  position ;  and  the  said  matrons 
shall  be  appointed  to  serve  for  four  years,  subject  to  removal 
for  cause,  after  a  hearing  by  the  said  Board,  Avhich  is  hereby 
vested  with  jurisdiction  in  the  premises. 

18 


274 


767.  The  duties  of  each  matron  shall  be  to  give  such  care 
and  advice  and  to  perform  such  other  police  duties  as  may  be 
requisite  and  proper  to  the  female  persons,  male  children  under 
fourteen  years  of  age  and  refugees  in  the  station-house  for 
which  said  matron  shall  have  been  appointed. 

768.  Each  of  said  matrons  shall  receive  a  salary  of  ten 
dollars  a  week,  to  be  paid  by  the  Mayor  and  City  Council  of 
Baltimore,  and  it  shall  be  included  in  the  annual  estimate 
of  expenses  by  said  Board,  certified  to  the  Mayor  and  City 
Council  of  Baltimore. 

Militia. 

769.  Whenever  the  Borad  of  Police  Commissioners  for  the 
City  of  Baltimore,  or  the  Sheriff  of  any  county,  shall  call  out 
any  portion  of  the  militia  to  aid  in  preventing  threatened  dis- 
order or  opposition  to  the  laws,  or  in  suppressing  riot  or 
disorder  on  election  days,  or  at  any  other  times,  said  military 
force  shall  be  deemed  to  be  on  detached  service  while  under 
the  orders  of  the  said  Board  or  Sheriff;  and  the  commanding 
officer  thereof  shall  not  be  subject  to  the  orders  of  any  superior 
officer  whatsoever,  except  the  commander-in-chief. 

Patrol    Wagons. 

770.  The  said  Board  of  Police  Commissioners  are  author- 
ized and  directed  to  construct,  equip  and  maintain  a  telephone 
alarm  and  patrol  wagon  service,  with  all  necessaries,  appliances 
and  laborers  ;  provided,  however,  the  expenditures  therefor  will 
not  impair  the  special  fund  mentioned  in  sections  576  and  777 
of  this  Article  so  as  to  prevent  its  sufficient  application  to  the 
purposes  provided  for  in  said  sections. 

Physicians  to  the  Police  Force. 

771.  They  are  authorized  to  appoint  and  commission,  annu- 
ally, three  physicians  of  integrity  and  capacity,  residents  of 
Baltimore  City,  and  who  shall  have  practised  medicine  therein 
for  at  least  three  years  next  preceding  the  date  of  their  com- 
mission, to  act  as  physicians  of  the  Police  Department  of  said 
City,  under  such  rules  and  regulations  as  the  said  Board  may 
from  time  to  time  prescribe  for  their  conduct. 

772.  The  duties  of  the  said  physicians  shall  be  to  examine 
thoroughly  all  applicants   for  positioa  in  the  police  force  of 


275 


Baltimore  City,  and  to  test  their  entire  fitness  in  every  respect 
for  such  position  ;  to  visit  all  policemen,  turnkeys,  detectives,  ' 
officers  of  police  and  clerks  of  said  force,  who  may  be  returned 
as  sick,  and  to  report  their  condition  to  the  said  Board ;  to  visit 
and  professionally  attend  any  and  allof  the  said  persons  who 
may  be  injured  or  disabled  in  the  performance  of  their  duties 
as  members  of  the  said  force ;  to  thoroughly  examine  and 
report  to  the  said  Board  the  physical  condition  of  each  and 
every  member  of  said  force,  who  may,  upon  his  own  application,' 
or  who  the  said  Board  may  think  should  be  retired  from  the 
said  force  and  be  pensioned  under  this  sub-division  of  this 
Article,  and  to  perform  all  such  other  and  further  professional 
duties  in  connection  with  the  said  department  and  force  as  the 
said  Board  may  from  time  to  time  deem  necessary  and  prescribe 
for  them. 

773.  The  annual  salary  of  each  of  the  said  physicians  shall 
be  the  sum  of  one  thousand  dollars,  payable  in  equal  monthly 
instalments,  but  the  tenure  of  office  of  the  said  physicians,  and 
of  each  of  them,  shall  be  determinable  within  the  appointed, 
year,  by  a  majority  of  the  said  Board,  and  in  their  exclusive 
discretion ;  and  the  said  physicians,  and  each  of  them,  shall  be 
compensated  only  up  to  the  time  of  such  determination  at  the 
rate  of  the  annual  salary  aforesaid. 

Races. 

774.  For  the  purpose  of  preserving  order  and  protecting 
property,  the  Police  Commissioners  of  the  City  of  Baltimore 
are  authorized,  upon  tlie  request  of  the  president  of  the  Mary- 
land Jockey  Club,  to  detail  such  force  as  they  may  deem  suffi- 
cient for  the  preservation  of  order  during  any  exhibition  of  the 
said  club,  which  detailed  force  shall  have  the  power  that  the 
police  of  the  City  have  as  conservators  of  the  peace. 

JRegistrafion  of  Voters. 

775.  The  Board  of  Police  Commissioners  for  Baltimore 
City,  upon  the  written  request  of  the  Registers  of  Voters,  shall 
detail  police  officers  sufficient  to  preserve  order  at  the  place 
where  the  officers  of  registration  in  Baltimore  City  are  dis- 
charging the  duties  of  their  office. 

Special  Fund.. 

776.  All  sums  of  money  which  are  now  in,  or  which  may 
hereafter  come  into  the  hands  of  the  Board  of  Police  Comniis- 


276 


sioners  for  the  City  of  Baltimore,  under  and  by  virtue  of  the 
provisions  of  existing  laws,  except  such  sums  as  may  come  into 
their  hands  under  and  by  virtue  of  the  provisions  of  section 
747,  shall  constitute  a  fifnd  to  be  known  and  accounted  for  as 
the  special  fund. 

776  A.  The  Board  of  Police  Commissioners  of  the  City  of 
Baltimore,  and  their  successors,  shall  be  the  trustees  of  the 
special  fund  hereinafter  mentioned.  The  Treasurer  of  said 
Board  shall  be  Treasurer  of  the  fund.  He  shall  before 
entering  upon  his  duties  as  Treasurer  thereof  execute  and 
deliver  to  said  Board  a  bond  in  the  penal  sum  of  five  thousand 
dollars,  to  be  approved  by  the  Comptroller  of  the  City  of 
Baltimore,  and  conditioned  for  the  faithful  discharge  of  his 
duties,  and  that  he  shall  pay  over  and  account  for  all  moneys 
and  property  which  shall  come  to  his  hands  as  such  Treasurer, 
the  expense  of  such  bond,  if  furnished  by  a  corporation,  to  be 
paid  out  of  the  special  fund.  Such  tinistees  shall  have  charge 
of  and  administer  said  funds,  and  from  time  to  time  invest  the 
same,  or  any  part  thereof,  as  they  shall  deem  most  beneficial 
to  said  fund,  and  they  are  empowered  to  make  all  necessary 
contracts,  and  take  all  necessary  and  proper  actions  and 
proceedings  in  the  premises,  and  to  make  pajinents  from  such 
fund  of  salaries  granted  in  pursuance  of  this  Act,  and  also 
salaries  now  charged  on  said  fund  or  any  part  thereof  by  or 
under  existing  laws.  The  said  trustees  may,  and  they  are 
authorized  and  empowered,  from  time  to  time  to  establish  such 
rules  and  regulations  for  the  disposition,  investment,  preserva- 
tion and  administration  of  the  special  fund  as  they  may  deem 
best.  They  shall  report  in  detail  to  the  Mayor  and  City  Council 
annually  in  the  month  of  October  the  condition  of  the  special 
fund,  and  the  items  of  receipts  and  disbursements  on  account 
of  the  same. 

776  B.  The  moneys,  securities  and  effects  of  the  special  fund, 
and  all  salaries  granted  and  payable  from  said  fund  shall  be 
and  are  exempt  from  execution  and  from  all  process  and 
proceedings  to  enjoin  and  recover  the  same  by  or  on  behalf  of 
any  creditor  or  person  having  or  asserting  any  claims  against, 
or  debt  or  liability,  of  any  sharer  of  said  fund ;  every  person 
who  knowingly  or  wilfully  in  anywise  procures  the  making  or 
presentation  of  any  false  or  fraudulent  affidavit  or  affirmation 
concerning  any  claim  for  a  share  or  payment  thereof,  shall  in 
every  case  forfeit  a  sum  not  exceeding  two  hundred  dollars,  to 


277 

be  sued  for  and  recovered  by  and  in  the  name  of  the  said 
trustees,  and  when  recovered  to  be  paid  over  to  and  thereupon 
become  a  part  of  the  said  special  fund.  Any  person  who  shall 
wilfully  swear  falsely  in  any  oath  or  affirmation  in  obtaining  or 
procuring  any  share  or  payment  thereof,  under  the  provisions 
of  this  Act,  shall  be  guilty  of  perjury. 

776c.   The  said  special  fund  shall  consist  of: 

1.  The  capital,  interest,  income,  dividends,  cash  deposit, 
securities  and  credit  of  the  special  fund  now  in  existence,  with 
additions  thereto  from  time  to  time  of  : 

2.  All  fines  and  forfeitures  imposed  by  the  Board  of  Police 
Commissioners  from  time  to  time  upon  or  against  any  member 
or  members  of  the  police  force ;  and  of : 

3.  All  rewards,  fees,  gifts,  testimonials  and  emoluments  that 
may  be  presented,  paid  or  given  to  any  member  of  the  police 
force  on  account  of  police  services,  except  such  as  have  been 
or  shall  be  allowed  by  the  Board  of  Police  Commissioners  to 
be  retained  by  the  said  members,  and  also  all  gifts  or  bequests 
w'hich  may  be  made  to  the  said  special  fund,  or  to  the  said 
Police  Board  as  trustees  thereof. 

4.  All  lost,  abandoned,  unclaimed,  or  stolen  money  remain- 
ing in  possession  of  the  Secretary  of  the  Board  of  Police 
Commissioners  for  the  space  of  one  year,  and  for  which  there 
shall  be  no  lawful  claimant,  and  all  moneys  arising  from 
the  sale  by  the  said  Secretary  or  said  Board  of  unclaimed, 
abandoned,  lost  or  stolen  property,  and  all  moneys  realized, 
derived  or  received  from  the  sale  of  any  condemned,  unfit  or 
unserviceable  property  belonging  to  or  in  the  possession  or 
under  the  control  of  the  Police  Department,  and  of : 

5.  All  moneys,  pay,  compensation  or  salary,  or  any  part 
thereof,  forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  police  force  on  account  of  absence  for  any  cause, 
lost  time,  sickness  or  other  disability,  physical  or  mental,  to  be 
paid  monthly  by  the  Treasurer  of  the  Board  of  Police  Commis- 
sioners to  the  special  fund. 

6.  All  moneys  derived  or  received  from  license,  certificates, 
or  permits,  hereafter  authorized  by  the  Mayor  and  City  Council 
under  the  general  powers  granted  by  Chapter  123,  of  the  Acts 
of  the  General  Assembly  of  Maryland,  Session  1898,  title 
"City  of  Baltimore,"  sub-title  "Charter,"  sub-title  "General 
Powers,"  sub-title  "License,"  which  are  required  to  be  issued 
and  collected  by  the  Police  Department. 


278 


7.  Any  sum  hereafter  allowed  out  of  or  share  of  liquor 
license  moneys  specially  appropriated  to  said  special  fund 
and  derived  from  the  granting  of  licenses  or  permission  to  sell 
strong  or  spirituous  liquors,  ale,  wine  or  beer,  and  such  sum, 
sums,  share  or  shares  shall  be  paid  in  to  the  Treasurer  of  the 
special  fund  by  the  person  or  officer  having  the  legal  custody 
thereof. 

8.  All  moneys  derived  or  received  from  the  granting  or 
issuing  the  permits,  or  the  giving  of  permission  to  give  public 
dances,  soirees,  masked  balls,  boxing  or  athletic  contests,  circus 
or  tent  show^s,  or  either  of  them,  in  the  City  of  Baltimore ;  also 
the  sum  of  five  dollars  for  each  and  every  permit  granted  by 
the  Board  of  Police  Commissioners  under  Section  653  P, 
Chapter  343,  of  the  Acts  of  the  General  Assembly  of  Mary- 
land, session  of  1890,  for  the  sale  of  liquors  at  bona  fide  enter- 
tainments. 

9.  A  sum  of  money  equal  to  but  not  greater  than  two  per 
centum  of  the  semi-monthly  pay,  salary  or  compensation  of 
each  member  of  the  police  force  entitled  to  participate  in  the 
special  fund,  which  sum  shall  be  deducted  every  pay  day  by 
the  Treasurer  of  the  Board  of  Police  Commissioners  from  the 
pay,  salary  or  compensation  of  each  and  every  member  of  the 
police  force,  and  the  said  Treasurer  of  said  Board  is  hereby 
authorized,  empowered  and  directed  to  deduct  the  said  sum  of 
money  as  aforesaid  and  forthwith  to  pay  the  same  to  the 
Treasurer  of  the  trustees  of  the  special  fund ;  provided, 
however,  that  it  shall  be  optional  with  any  member  of  said 
police  force  to  contribute  the  said  two  per  centum  of  his  salary 
as  above  provided,  and  participate  in  the  benefits  of  the  special 
fund  ;  and  provided,  further,  that  no  member  of  said  force  shall 
participate  in  said  special  fund  unless  ho  contributes  to  said 
fund  as  aforesaid. 

10.  And  any  and  all  unexpended  balances  of  appropriation 
or  amounts  estimated,  levied,  raised  or  appropriated  for  the 
payment  of  salaries  or  compensation  of  members  of  the  police 
force  within  said  City  of  Baltimore  remaining  unexpended  or 
unapplied  after  allowing  all  claims  payable  therefrom,  said 
balances  to  be  paid  to  special  fund  at  any  time  after  the 
expiration  of  the  year  for  which  the  same  were  made  and 
appropriated. 

11.  In  case  the  amount  derived  from  the  different  sources 
mentioned  and  included  in  this  Section,  and  from  the  special 
fund  without  deducting  charges  for  patrol  services,  police  boat, 


279 

and  new  station-liouses,  shall  not  be  sufficient  at  any  time  to 
enable  the  Board  of  Police  Commissioners  to  pay  in  full  the 
salaries  which  have  been  or  may  hereafter  be  granted,  which 
said  salaries  shall  at  all  times  be  a  first  charge  on  said  funds, 
it  shall  be  the  duty  of  the  said  Board  each  year  at  the  time  of 
making  up  the  dej)artmental  estimate,  to  prepare  a  full  and 
detailed  statement  of  the  assets  of  said  special  fund,  and  the 
amount  which  is  required  to  pay  in  full  all  such  salaries,  and 
to  present  the  same  to  the  Mayor  and  City  Council  and  the 
Board  of  Estimates,  together  with  a  statement  of  the  amount 
of  money  required  to  enable  the  said  Board  of  Police  Commis- 
sioners to  pay  the  said  salaries  in  full.  It  shall  be  the  duty  of 
the  Mayor  and  City  Council  and  said  Board  of  Estimates  to 
make  an  appropriation  sufficient  to  provide  for  such  deficiency, 
and  the  amount  so  appropriated  shall  be  included  in  the  tax 
levy,  and  the  Comptroller  shall  pay  over  the  money  to  the 
Treasurer  of  the  special  fund. 

12.  And  the  said  Board  of  Police  Commissioners,  as  trustees 
of  the  special  fund,  is  hereby  authorized  and  emjjowered  to 
take  and  hold,  as  trustees  of  such  fund,  any  and  all  gifts  or 
bequests  which  may  be  made  to  such  fund. 

776  D.  The  Board  of  Police  Commissioners  shall  have  power 
in  its  discretion  to  pay  to  the  widow  of  any  member  of  said 
police  force  within  the  limits  of  said  City  who  shall  have  been 
killed  while  in  the  actual  performance  of  duty,  or  shall  have 
died  in  consequence  of  injuries  received  while  in  the  discharge 
of  duty  an  allowance  until  she  re-marries.  If  there  be  no 
widow,  but  a  child  or  children,  then  to  pay  to  such  child  or 
children,  whilst  under  the  age  of  eighteen  years,  a  sum  such 
as  parent  would  have  been  entitled  to  out  of  said  special  fund. 

776  E.  Salaries  granted  under  Chapter  494,  of  the  Acts  of 
the  General  Assembly  of  Maryland,  passed  at  the  January 
session  1898,  and  all  other  salaries  granted  by  special  Acts 
shall  be  for  the  natural  life  of  the  retired  or  disabled  officer, 
and  shall  not  be  revoked,  repealed  or  diminished  except  for 
causes  therein  provided. 

776  f'  No  member  of  the  police  force,  whether  policeman, 
officer  of  police,  detective,  clerk,  turnkey,  or  in  any  other 
capacity,  shall  be  granted,  awarded  or  paid  a  retiring  salary  on 
account  of  physical  or  mental  disability  or  diseases,  unless 


280 


certificate  of  so  manv  of  the  police  surgeons  or  other  compe- 
tent and  reputable  physicians  as  the  Board  of  Police  Commis- 
sioners may  require,  which  shall  set  forth  the  cause,  nature 
and  extent  of  the  disability,  disease  or  injury  of  such  member, 
shall  be  filed  in  the  office  of  the  Board,  and  no  member  shall 
hereafter  be  retired  upon  salary  or  be  salaried,  nor  shall  any 
money  or  salary  be  awarded,  granted  or  paid  excej^t  as  pro- 
vided in  this  Chapter,  and  Chapter  494,  of  the  Acts  of  the 
General  Assembly  of  Maryland,  passed  at  the  January  session, 
1898,  any  other  law  to  the  contrary  notwithstanding.  The 
said  Board  of  Police  Commissioners  is  authorized  and  empow- 
ered to  make  and  adopt  all  such  rules,  orders  and  regulations 
as  are  or  may  be  necessary  to  carry  out  and  enforce  the  jjro- 
visions  of  this  Act. 

777.  In  addition  to  the  sums  of  money  now  authorized  by 
law  to  be  paid  out  of  the  fund  so  as  above  constituted  and 
designated,  the  said  Board  of  Police  Commissioners  are 
empowered,  whenever,  in  their  opinion,  the  efiiciency  of  the 
service  may  require  it,  to  retire  any  ofiicer  of  jjolice,  police- 
man, detective,  clerk  or  turnkey,  appointed  by  them,  and  pay 
him  in  monthly  instalments  out  of  said  fund,  for  life,  a  sum 
of  money  not  to  exceed  one-half  of  the  amount  of  money 
monthly  paid  to  him  as  such  officer  of  police,  policeman, 
detective,  clerk  or  turnkey  at  the  time  of  his  said  retirement ; 
provided,  however,  he  shall  have  served  faithfully  not  less  than 
sixteen  years  as  such  officer  of  police,  policeman,  detective, 
clerk,  turnkey,  or  shall  have  been  permanently  disabled  in  the 
discharge  of  his  duty  as  such  ofiicer  of  police,  policeman, 
detective,  clerk  or  turnkey ;  and  the  said  Board  shall  in  all 
cases,  before  making  such  retirement,  procure  and  file  among 
their  records  a  certificate  signed  by  a  majority  of  the  physi- 
cians appointed  by  the  Board  of  Police  Commissioners  as 
physicians  of  the  Police  Department,  that  the  person  proposed 
to  be  retired  has  been  thoroughly  examined  by  them,  and  that 
"he  is  incapable  of  performing  active  police  duty ;  and  the  said 
Board  of  Police  Commissioners  shall  have  power,  in  their  dis- 
cretion, to  suspend  payment  to  any  such  officer  of  police, 
policeman,  detective,  clerk  or  turnkey  for  a  term  not  to  exceed 
three  months  for  the  first  offence,  for  the  second  ofience  for  a 
term  not  to  exceed  six  months,  and  for  the  third  offence,  any 
such  ofiicer  of  police,  policeman,  detective,  clerk  or  turnkey 
shall  be  subject  to  dismissal,  upon  proof  given  that  the  said 
officer  of  police,  policeman,  detective,  clerk  or  turnkey,  is  living 
an  improper  or  immoral  life. 


281 


778.  Tlie  Board  of  Police  Commissioners  for  tlie  City  of 
Baltimore  are  aiitlKjrized  to  pay  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  the  cost  of  the  mainte- 
nance and  operation  of  the  police  patrol  boat  recently  built 
and  manned  by  said  Board  under  authority  conferred  by  law 
on  said  Board,  includinp;  therein  the  wages  of  engineers  and 
firemen  of  said  boat ;  and  said  Board  are  authorized  to  appoint 
on  its  force  two  officers  for  said  boat,  Avho  shall  be  styled  com- 
mander and  first  officer,  respectively,  of  the  police  patrol  boat, 
and  shall  have  the  rank  and  pay  of  Lieutenants  of  Police  of 
the  City  of  Baltimore. 

779.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized,  out  of  the  special  fund  men- 
tioned in  section  776  of  this  Article,  to  pay  the  purchase 
money  of  the  ground  needed  for  the  erection  of  station-houses 
hereafter  required  for  the  uses  of  said  Board,  and  also  the 
cost  of  the  erection  and  repair  of  said  station-houses. 

780.  The  Board  of  Police  Commissioners  for  the  City  of 
Baltimore  are  hereby  authorized  and  directed  to  pay  to  James 
M.  Moore,  a  retired  patrolman  of  the  police  force  of  Baltimore 
City,  out  of  a  fund  in  the  hands  of  said  Board  of  Police  Com- 
missioners known  and  accounted  for  as  the  special  fund,  the 
sum  of  twelve  dollars  per  week  for  his  life,  in  lieu  of  the  sum 
of  six  dollars  per  week  now  paid  said  James  M.  Moore  by  said 
Board  of  Police  Commissioners,  under  and  by  authority  of  an 
Act  of  the  General  Assembly  of  Maryland  (Chapter  459,  Laws 
of  Maryland,  eighteen  hundred  and  eighty-six),  entitled  "An 
Act  to  define  a  fund  of  money  now  in  the  hands,  or  which 
under  existing  laws  may  come  into  the  hands,  of  the  Board  of 
Police  Commissioners  for  the  City  of  Baltimore,  and  to  pro- 
vide for  its  application,"  approved  April  7th,  eighteen  hundred 
and  eighty-six. 

Long  Bridge. 

781.  The  jurisdiction  and  authority  of  the  Board  of  Police 
Commissioners  for  the  City  of  Baltimore  is  hereby  declared  to 
extend  to  and  over  the  bridge  across  the  Patapsco  river,  known 
as  the  Long  Bridge  or  Light  Street  Bridge ;  and  said  Board 
and  their  police  force  shall  on  and  under  said  bridge,  preserve 
the  public  peace,  prevent  crime,  arrest  offenders,  protect  the 
rights  of  persons  and  property,  and  prevent  and  remove 
nuisances ;    provided,  however,  that  if  any  crime  be  actually 


282 

committed  by  any  person  who  shall  be  arrested  by  said  police, 
the  offender  shall  be  delivered  to  the  proper  jurisdiction  for 
trial  and  punishment. 

Telegraph  to  House  of  CorrecHoi}. 

782.  The  Mayor  and  City  Council  of  Baltimore  shall  keep 
and  maintain,  at  their  own  proper  cost  and  expense,  the  line 
of  telegraph  from  the  House  of  Correction,  in  Anne  Arundel 
county,  to  th(^  police  headquarters  in  Baltimore  City,  trans- 
ferred to  them  by  the  Board  of  Public  Works,  and  are  invested 
with  all  the  rights  and  privileges  granted  to  telegraph  com- 
panies under  the  General  Incorporation  Laws  of  the  State  in 
the  working  and  maintenance  of  this  line. 

Thieves  and  Pickpockets. 

783.  It  shall  be  the  duty  of  all  police  officers  in  Baltimore 
City  to  arrest  and  take  before  some  one  of  the  station-house 
Justices  in  Baltimore  City,  all  persons  whom  they  shall  find 
in  any  passenger  railway  car,  or  in  or  about  any  railway  depot 
in  Baltimore  City,  or  in  any  place  of  public  amusement,  or  in 
any  street  of  the  City,  who  the}'  shall  know  or  have  good 
reason  to  believe  are  common  thieves  or  pickpockets,  and  said 
Justices  shall  commit  or  bail  such  persons  for  trial  before  the 
Criminal  Court ;  and  if  any  person  in  Baltimore  City  shall  be 
charged  on  oath  before  any  station-house  Justice  of  the  Peace 
in  Baltimore  City,  or  before  the  Judge  of  the  Criminal  Court, 
with  being  a  common  thief  or  pickpocket,  such  Justice  or 
Judge  shall  issue  a  warrant  for  the  arrest  of  such  person,  and 
commit  or  bail  him  for  trial ;  and  any  person  convicted  in  the 
Criminal  Court  of  Baltimore  of  being  a  common  thief  or 
common  pickpocket,  shall  be  imprisoned  in  jail  not  more 
than  two  years  nor  less  than  six  months,  and  be  fined  not 
more  than  one  hundred  dollars ;  but  if  any  person  is  arrested 
a  second  time,  or  more,  for  such  offence,  he  shall  be  convicted 
only  on  proof  that  he  has  continued  to  be  a  common  thief  or 
pickpocket  for  at  least  one  month  since  his  last  conviction  or 
acquittal,  and  it  shall  be  necessary  to  charge  in  the  indictment 
only  that  the  person  is  a  common  thief  or  common  pickpocket ; 
and  any  evidence  either  of  facts  or  reputation  proving  that 
such  person  is  habitually  and  by  practice  a  thief  or  pickpocket 
shall  be  sufficient  for  his  conviction,  if  satisfactorily  establish- 
ing the  fact  to  the  court  or  jury  by  whom  he  is  tried ;  and 
there  shall  be  no  discretion  in  any  police  officer   or  Justice  of 


288 


the  Peace  to  discharge  or  release  any  person  who  is  by  such 
proof  before  them,  or  knowledge  on  their  part,  shown  to  be  a 
thief  or  pickpocket  as  aforesaid,  but  such  person  shall  be 
bailed  or  committed  for  trial,  and  no  conviction  or  charge  of, 
or  for  being  a  common  thief  or  pickpocket,  shall  prevent  any 
such  person  from  being  tried  and  convicted  for  any  particular 
act  of  larceny  he  may  have  committed. 

784.  If  any  person  shall  be  arrested  at  any  place  on  the 
line  of  the  Baltimore  and  Ohio  Railroad,  or  on  the  line  of  the 
Northern  Central  Railroad,  or  on  the  line  of  the  Philadelphia, 
Wilmington  and  Baltimore  Railroad,  or  in  any  of  the  cars  or 
depots,  or  at  any  of  the  stations  on  said  roads,  or  on  any  ferry- 
boat employed  to  carry  passengers  over  any  part  of  said  road, 
and  within  the  limits  of  this  State,  charged  with  being  a 
common  thief  or  pickpocket,  such  person  may  be  taken  before 
any  Justice  of  the  Peace  of  the  county  in  which  said  place  or 
depot  or  station  may  be  situated ;  or  if  such  person  be  arrested 
in  any  car,  or  on  any  ferry-boat,  before  any  Justice  of  the 
Peace  of  the  nearest  convenient  county  or  any  station-house 
Justice  of  the  City  of  Baltimore ;  and  such  Justice  shall,  on 
proof,  as  provided  in  the  preceding  section,  commit  or  bail 
such  person  for  trial  before  the  Circuit  Court  of  the  county, 
or  the  Criminal  Court  of  Baltimore,  as  the  case  may  be; 
and  all  police  oihcers  of  Baltimore  City,  and  all  conductors 
of  trains  and  police  employed  by  any  of  said  railway  com- 
panies, and  all  constables  and  bailifis  of  any  county  or 
city  on  the  lines  of  said  road,  shall  arrest  all  such  persons 
at  any  of  the  places  aforesaid,  on  the  same  knowledge 
and  proof  of  their  being  common  thieves  or  pickpockets  as 
provided  in  the  preceding  section,  and  the  said  Justice  shall 
commit  or  bail  such  person  on  the  same  knowledge  or  proof; 
and  any  person  convicted  in  any  county  on  the  line  of  said 
roads  of  being  a  common  pickpocket,  shall  be  punished  by  a 
fine  or  imprisonment  in  the  jail  of  the  county  for  the  same  time 
and  in  the  same  amount  as  provided  in  the  preceding  section ; 
and  all  the  provisions  of  the  preceding  section  shall  apply  to 
all  cases  under  this  section,  except  so  far  as  altered  by  this 
section. 

Personating  Policemen. 

785.  It  shall  be  a  misdemeanor,  punishable  by  imprison- 
ment in  the  jail  of  Baltimore  City  for  not  more  than  one  year, 
or  by  fine  of  not  less  than  five  dollars,  for  any  person  not  a 


284 


member  of  the  police  force  of  Baltimore  City,  to  falsely 
represent  himself  as  being  such  member,  with  fraudulent 
design  upon  person  or  property,  or  upon  any  day  or  at  any 
time  to  have,  use,  wear  or  display,  without  the  authority  of  the 
Board  of  Police  Commissioners  of  Baltimore,  any  shield,  button, 
wreath,  number  or  any  other  insignia  or  emblem  of  office,  such 
as  are  worn  by  the  police  force  of  said  City. 

Keio  Stat  ion-Houses. 

786.  The  Board  of  Police  Commissioners  are  authorized 
and  empowered  to  purchase  or  lease  gi-ound  in  the  twenty-first 
and  twenty-second  wards  in  the  City  of  Baltimore,  or  either  of 
them,  as  may  be  suitable  in  their  judgment  for  the  erection  of 
a  station-house  or  houses  thereon,  and  that  they  be  and  are 
hereby  authorized  and  empowered  to  have  erected  thereon  such 
station-house  or  houses  as  they  may  deem  suitable  and  proper. 

787.  The  title  to  said  lot  of  ground  and  the  improvements 
thereon,  shall  be  vested  in  the  Mayor  and  City  Council  of 
Baltimore  City. 

788.  The  purchase  of  said  ground,  and  the  cost  of  erection 
of  said  station-house  or  station-houses,  shall  be  paid  by  the 
said  Board  of  Police  Commissioners  out  of  their  special  fund. 

PRATT    FREE    LIBRARY. 

789.  It  shall  be  the  duty  of  the  Mayor  to  appoint  a  visitor, 
who  shall,  as  often  as  once  a  year,  examine  the  books  and 
accounts  of  the  Trustees  of  the  "Enoch  Pratt  Free  Library  of 
Baltimore  City,"  and  make  a  report  thereof  to  the  Mayor  and 
City  Council  of  Baltimore ;  and  said  Mayor  and  City  Council 
shall,  in  case  of  any  abuse  of  their  powers  by  said  Trustees  or 
their  successors,  have  the  right  to  resort  to  the  proper  courts 
to  enforce  the  performance  of  the  trust  imposed  on  them. 

790.  The  real  estate  and  personal  property  vested  in  said 
Mayor  and  City  Council  by  virtue  of  the  Acts  of  1882,  chapter 
181,  authorizing  the  establishing  of  the  Enoch  Pratt  Free 
Library  of  Baltimore  City,  and  to  become  vested  by  future  pur- 
chases under  the  provisions  of  said  Act,  and  the  funds  and 
franchises  of  the  "Enoch  Pratt  Free  Library  of  Baltimore 
City,"  shall  be  exempt  from  all  State  and  municipal  taxes, 
forever. 


285 


RAILROADS. 

Safety  Gates. 

791.  All  railroad  companies  whose  tracks  cross  any  street 
in  Baltimore  City  at  grade,  are  required  to  place,  erect  and 
keep  in  operation  and  repair,  safety  gates  at  all  such  street 
crossings  in  said  City,  which  said  gates  shall  be  closed  on  the 
approach  of  any  and  every  train  of  cars  or  locomotive,  and 
kept  closed  until  the  said  cars  or  locomotive  have  completely 
passed  said  street  crossings. 

792.  Any  railroad  company  violating  the  provisions  of  the 
foregoing  section  shall  be  liable  to  a  fine  of  fifty  dollars  for 
each  crossing,  and  for  every  day  on  which  said  safety  gates 
are  neglected  to  be  erected  or  operated ;  said  fine  to  be  col- 
lected as  other  fines  are  now  collected. 

Hours  of  Labor. 

793.  No  street  railway  company  incorporated  under  the 
laws  of  this  State,  and  no  officer,  agent  or  servant  of  such 
corporation,  and  no  person  or  firm  owning  or  operating  any 
line  or  lines  of  street  railways  within  the  limits  of  this  State, 
and  no  agent  or  servant  of  such  firm  or  person  shall  require, 
permit  or  suffer  its,  his  or  their  conductors  or  drivers,  or  any 
of  them,  or  any  employees  in  its,  his  or  their  service,  or  under 
his,  its  or  their  control,  to  work  more  than  twelve  hours  during 
each  or  any  day  of  twentj^-four  hours,  and  shall  make  no 
contract  or  agreement  with  such  employees,  or  any  of  them, 
providing  that  they  or  he  shall  work  for  more  that  twelve 
hours  during  each  or  any  day  of  twenty-four  hours. 

794.  Any  corporation  which  shall  in  any  manner  violate 
any  of  the  provisions  of  the  preceding  section  shall  be  deemed 
to  have  misused  or  abused  its  corporate  powers  and  franchises, 
and  the  Attorney-General  of  the  State,  upon  the  application 
in  writing,  made  by  any  citizen  of  this  State,  accompanied  by 
sufficient  proof  of  such  violation,  shall  forthwith,  without 
further  authorization,  institute  proceedings  for  the  forfeiture 
of  the  charter  of  such  corporation,  by  petition  in  the  name 
of  the  State,  in  the  manner  provided  by  the  laws  of  this  State 
for  the  enforcement  of  the  forfeiture  of  the  charter  of  any 
corporation  which  has  abused  or  misused  its  corporate  powers 
or  franchises. 


286 


795.  If  any  corporation,  or  any  officer,  agent  or  servant  of 
such  corporation,  or  any  person  or  any  firm  managing  or  con- 
ducting any  street  railway  in  this  State,  or  any  agent  or  ser- 
vant of  such  person  or  firm,  shall  do  any  act  in  violation  of 
the  provisions  of  section  793,  it,  he  or  they  shall  be  deemed 
to  have  been  guilty  of  a  misdemeanor,  and  shall,  on  convic- 
tion thereof  in  a  court  of  competent  jurisdiction,  be  fined  one 
hundred  dollars  for  each  offence  so  committed,  together  with 
the  costs  of  such  prosecution. 

Street  Railway  Fares. 

796.  The  United  Railways  k  Electric  Company  of  Balti- 
more, its  successors  and  assigns,  shall  charge  five  cents,  and 
no  more,  as  a  fare  for  the  conveyance  of  each  passenger  over 
twelve  years  of  age,  and  three  cents,  and  no  more,  for  each 
child  between  the  ages  of  four  and  twelve  years,  from  any 
point  on  any  of  its  lines  to  any  other  point  on  such  lines 
within  the  City  of  Baltimore  ;  provided,  That  such  Company 
shall  give  a  free  transfer,  when  the  same  shall  be  requested, 
upon  the  payment  of  each  cash  fare,  which  transfer  shall  be 
good  at  all  points  of  intersection  of  lines  of  said  railway  for 
a  continuous  ride,  except  at  such  points  on  said  lines  where 
such  form  a  route  so  as  to  permit  a  passenger  to  return  in  the 
same  general  direction  of  tlie  line  upon  which  the  transfer  was 
issued,  the  privilege  of  the  transfer  not  to  apply  to  the  ter- 
minus of  any  line  or  route ;  jjrovided,  That  nothing  in  this  Act 
shall  be  construed  to  affect  any  of  the  interests  of  the  Mayor 
and  City  Council  of  Baltimore  in  the  said  United  Railways 
and  Electric  Company  of  Baltimore ;  or  any  of  the  railways 
consolidated  under  the  corporated  name. 

Park  Tax. 

797.  The  said  several  passenger  street  railway  companies 
shall  pay  to  the  Mayor  and  City  Council  of  Baltimore,  a  tax 
upon  their  gross  receipts  of  nine  per  cent.,  in  quarterly  instal- 
ments, on  the  first  day  of  January,  April,  July  and  October,  in 
each  year. 

798.  The  Board  of  Park  Commissioners,  or  any  agent  or 
agents  of  the  said  Commissioners,  authorized  in  writing  by  a 
certificate  signed  by  the  president  and  secretar}'  thereof,  shall 
have  authority  and  power  from  time  to  time,  and  at  any  time 
the  said  Board  of  Park  Commissioners  see  fit,  to  make  exami^ 


287 


nation  of  the  books,  accounts  and  car  fare  registers  of  any  or 
all  of  the  street  railway  companies  in  the  City  of  Baltimore, 
for  the  purpose  of  satisfying  said  Board  of  Park  Commissioners 
that  returns  of  the  "park  tax"  are  fairly  and  correctly  made 
by  said  companies,  and  by  each  and  every  one  of  them ;  and 
any  street  railway  company  whose  oflficers  shall  neglect  or 
refuse,  on  demand  of  said  Board  of  Park  Commissioners,  to 
permit  the  said  Commissioners  or  any  agent  or  agents  of  said 
Commissioners  authorized  in  writing  as  above  prescribed,  to  at 
any  time  inspect  its  said  books,  accounts  and  car  fare  registers 
or  any  of  them,  shall  forfeit  and  pay  a  fine  of  (jno  hundred 
dollars  for  each  and  every  day  it  shall  so  neglect  or  refuse  to 
comply  with  such  demand ;  said  penalty  to  be  collected  by  an 
action  of  debt  in  the  name  of  the  Mayor  and  City  Council  of 
Baltimore. 

799.  On  default  of  any  of  the  street  railway  companies 
operating  street  railway  lines  within  the  present  City  limits,  in 
the  payment  of  the  park  tax  of  nine  per  centum  of  the  gross 
receipts  from  all  street  railway  lines  Avithin  the  present  City 
limits,  for  the  term  of  ten  days  after  the  expiration  of  any 
quarter,  the  company  or  companies  so  in  default  shall  pay  a 
penalty  at  the  rate  of  thirty  per  cent,  per  annum,  on  the 
amount  due  from  it,  for  the  time  it  shall  continue  in  default; 
said  penalty  to  be  recovered  by  an  action  of  debt,  in  the  name 
of  the  Mayor  and  City  Council  of  Baltimore. 

800.  If  any  officer,  agent  or  employee  of  any  street  railway 
company  within  the  City  of  Baltimore  shall  knowingly,  wilfully 
and  corruptly  certify  to  the  Board  of  Park  Commissioners  a 
less  sum  than  is  actually  due  as  the  park  tax  of  nine  per  centum 
of  the  gross  receipts  from  the  lines  of  such  company  within 
the  City  limits,  he  shall  be  guilty  of  a  misdemeanor,  and  on 
conviction  thereof  shall  suffer  imprisonment  for  not  more  than 
six  months  in  jail,  or  pay  a  fine  of  not  more  than  one  thousand 
dollars,  or  both,  in  the  discretion  of  the  Court. 

Prohibiting    Tracks  on   Certain  Streets. 

801.  It  shall  not  be  lawful  for  any  person  or  corporation 
to  lay  any  railway  track  upon  Mount  Royal  avenue  between 
Guilford  and  North  avenues,  or  upon  Cathedral  street  between 
Saratoga  street  aad  Mount  Royal  avenue,  or  upon  Saint  Paul 
street  from  Baltimore  street  northerly  to   the   City  limits,  or 


288 


upon  Calvert  street  from  Read  street  northerly  to  tlie  City  limits, 
or  upon  Gough  street  from  Bond  street  easterly  to  Patterson 
Park  avenue,  or  upon  Broadway  from  Baltimore  street  north 
to  North  avenue,  except  upon  the  streets  where  tracks  are  now 
laid,  or  upon  Caroline  street  between  Preston  street  and  North 
avenue,  or  upon  Eager  street  between  Park  and'  Wolfe  streets, 
or  upon  the  old  York  Road  from  its  intersection  with  the  York 
Turnpike  to  Willow  avenue,  in  the  City  and  County  of  Baltimore, 
or  upon  McCulloh  street  betw  een  Eutaw  street  and  North 
avenue,  or  upon  Baltimore  street  between  Patterson  Park 
avenue  and  Canton  street,  or  on  Barclay  street,  or  on  Biddle 
street  between  Broadway  and  Maryland  avenue,  and  when 
the  tracks  of  the  Lake  Roland  Elevated  Railway  Company 
shall  have  been  removed  from  Oak  street,  Hampden  street. 
Cedar  avenue,  Elm  avenue,  and  Merryman's  Lane,  in  the 
City  of  Baltimore,  thereafter  it  shall  not  be  lawful  for  any 
person  or  corporation  to  lay  any  railway  tracks  upon  the  said 
portion  of  said  streets  so  occupied  b}"  the  said  Lake  Roland 
Elevated  Railway  Company,  or  upon  any  of  the  streets,  lanes, 
avenues  and  highways  above  mentioned,  without  the  consent 
of  the  General  Assembly  of  Maryland ;  provided,  that  this 
sub-division  of  this  Article  shall  not  restrict  in  any  way  the  right 
of  any  passenger  railway  now  incorporated,  or  that  may  here- 
after be  incorporated,  to  cross  said  streets  where  such  railway 
company  shall  be  authorized  by  the  Mayor  and  City  Council 
of  Baltimore  to  use  any  street  or  avenue  opening  into  or  cross- 
ing said  before-mentioned  streets  or  highways-  The  mainte- 
nance or  laying  of  any  tracks  for  street  railways  or  other 
purposes  on  Cedar  avenue,  in  the  City  of  Baltimore,  be  and 
is  hereby  forbidden. 

EECOEDS. 

802.  It  shall  be  the  duty  of  the  Clerk  of  the  Superior 
Court  of  Baltimore  City  to  formulate  and  prepare  a  new  plan 
or  system  for  the  indexing  of  all  deeds,  conveyances  and  other 
papers  required  by  law  to  be  recorded  amcmg  the  land  records 
in  his  office,  and  submit  the  same  to  the  Supreme  Bench  of 
Baltimore  City  for  its  approval. 

803.  Upon  the  adoption  and  approval  of  the  plan  or  system 
of  indexing  authorized  by  the  preceding  section,  the  Clerk 
of  the  Superior  Court  of  Baltimore  City  is  authoi-ized  and 
directed  to  make  and  prepare  for  use  in  his  said  ofHce,  a  new 
index  of  all  land  records  and  conveyances  in  his  keeping,  upon 


289 


the  plan  or  system  so  adopted  and  approved,  in  books  suitable 
for  the  purpose ;  and  all  deeds  and  conveyances  hereafter 
recorded  among  said  land  records,  shall  be  indexed  upon  the 
plan  or  system  aforesaid. 

804.  Whenever,  from  age  or  wear,  any  of  the  record  books 
in  the  keeping  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City  shall  be  in  danger  of  destruction  or  obliteration,  it  shall 
be  the  duty  of  the  clerk  of  said  court,  when  required  so  to  do 
by  the  Supreme  Bench  of  said  City,  to  renew  any  such  record 
book  by  transcribing  the  same  into  new  books. 

805.  The  cost  of  making  and  preparing  such  new  indexes 
and  records  shall  be  paid  out  of  the  fees  collected  by  the 
Clerk  of  the  Superior  Court  aforesaid. 

SABBATH. 

806.  No  vehicle  of  any  description  shall  be  permitted  to 
carry  ice  upon  the  streets  or  highways  of  Baltimore  City,  for 
the  purpose  of  selling  the  same,  on  the  Sabbath  Day,  com- 
monly called  Sunday. 

807.  If  any  person  or  corporation  be  found  guilty  of 
causing  or  in  any  way  contributing  to  the  violation  of  the 
preceding  section,  he  or  it  shall  be  subjected  to  a  fine  of  not 
more  than  fifty  dollars,  in  the  discretion  of  the  courts. 

SCHOOLS. 

Intestates  Estates. 

808.  The  Orphans'  Court  of  said  City  shall  order  and 
direct  the  funds  arising  from  intestates'  estates  that  may  be 
administered  upon  in  said  court,  and  which  remain  undis- 
tributed for  want  of  legal  representatives  of  the  intestates  to 
claim  the  same,  to  be  paid  to  the  Board  of  School  Commis- 
sioners. 

809.  The  Court  shall  not  make  such  order  until  they  shall 
be  satisfied  that  the  intestate  left  no  legal  representatives  living 
at  the  time  of  his  death  ;  and  they  shall  cause  the  administra- 
tor of  such  intestates  to  give  notice,  by  advertisement  to  be 
inserted  for  such  periods  of  time  and  in  newspapers  published 

19 


290 


in  such  places  as  they  may  deem  necessary,  that  upon  default 
of  the  appearance  of  any  legal  representatiye  of  the  intestate, 
by  a  certain  day  to  be  fixed  by  the  court  and  named  in  said 
advertisement,  the  estate  of  said  intestate  will  be  paid  to  the 
Board  of  School  Commissioners. 

810.  They  shall,  upon  passing  an  order  directing  such  pay- 
ment, require  from  the  Treasurer  of  the  Board  of  School  Com- 
missioners, or  any  other  officer  who  may  be  appointed  by  the 
said  Board  of  School  Commissioners  or  the  Mayor  and  City 
Council  of  said  City  to  receive  such  funds,  a  receipt  and  release 
to  the  administrator  for  the  same. 

811.  The  release  shall  contain  an  obligation  that  the  said 
funds  shall  be  applied  by  the  Board  of  School  Commissioners 
to  the  use  and  support  of  the  public  schools  of  the  City  of 
Baltimore,  and  shall  l^e  recorded  and  preserved  in  said  court  as 
other  records  are. 

812.  If  the  estate  of  an  intestate  shall  be  paid  to  the  Board 
of  School  Commissioners  under  this  law,  and  any  legal  repre- 
sentatives of  the  intestate  of  no  remoter  degrees  among  col- 
laterals than  brothers'  or  sisters'  children,  shall  at  any  time 
appear  and  prove  him,  her  (u-  themselves  to  be  such  legal  rep- 
resentatives, the  Board  of  School  Commissioners  who  received 
such  estate,  or  their  successors,  if  the  same  shall  be  in  their 
hands  or  shall  have  been  applied  to  the  use  of  the  public 
schools,  shall  restore  the  same  to  such  legal  representatives 
out  of  the  school  fund  under  their  direction. 

813.  Nothing  contained  in  this  sub-division  of  this  Article 
shall  be  construed  to  interfere  with  or  afiect  the  rights  vested 
in  the  Charitable  Marine  Society  of  Baltimore. 

Johns  Hopliins  University. 

814.  The  Johns  Hopkins  University,  a  corporation  duly 
incorporated  by  certificate  recorded  in  the  office  of  the  Clerk 
of  the  Circuit  Court  for  Baltimore  County,  shall  have  power 
to  establish  branches  of  the  said  university  in  the  City  of 
Baltimore,  to  hold,  or  to  purchase  and  hold,  all  property  in 
said  City,  needed  for  the  successful  conducting  of  the  branches 
of  the  said  university  in  said  City,  and  to  keep  and  maintain 
a  principal  office  in  said  City  for  the  conduct  of  the  business 
of  the  said  university. 


291 


815.  The  said  Johns  Hopkins  University  shall  have  power 
to  admit  students  of  the  said  university  who  shall  merit  the 
distinction  to  the  office  and  profession  of  surgeon,  or  to  the 
degree  of  doctor  of  medicine,  or  of  doctor  of  laws,  or  on 
bachelor  or  master  of  arts ;  to  grant  to  students  in  such 
university  such  certificates  of  proficiency  and  attainments  if 
any  special  study  as  the  said  university  may  see  proper  to 
confer ;  and  to  grant  the  honorary  degrees  of  doctor  of  laws, 
doctor  of  medicine,  and  master  of  arts,  or  such  other  degrees 
as  may  be  proper,  to  any  person  who  may  merit  such  distinc- 
tion, whether  such  person  be  a  student  of  such  university  or 
not. 

McDonogh  Educational  Fund  and  Institute  and  Other  Institutions. 

816.  The  Mayor  and  City  Council  of  Baltimore  is  author- 
ized, upon  the  transfer  and  surrender  to  it,  by  the  Board  of 
Trustees  of  the  McDonogh  Educational  Fund  and  Institute,  of 
the  City  stock  or  certificates  of  indebtedness,  in  which  the  said 
educational  fund  is  now,  under  the  City  ordinances,  invested, 
in  consideration  of  such  transfer  and  surrender,  to  issue  and 
deliver  to  the  said  Board  of  Trustees,  the  stock  or  certificates 
of  indebtedness  of  the  Mayor  and  City  Council  of  Baltimore,  to 
the  amount  of  one  million  of  dollars,  in  the  form  prescribed  by 
law  for  such  certificates,  redeemable  in  the  year  of  our  Lord 
nineteen  hundred  and  thirty-eight,  and  bearing  interest,  pay- 
able quarterly,  at  the  rate  of  five  per  cent,  per  annum.  To  pass 
an  ordinance  providing  for  the  said  transfer  and  surrender  of 
said  Cit}^  stock  or  certificates  of  indebtedness,  in  which  the 
educational  fund  derived  under  the  will  of  John  McDonogh,  is 
now  invested,  and  for  the  issue  and  delivery  to  the  Trustees  of 
the  McDonogh  Educational  Fund  and  Institute,  in  considera- 
tion of  such  transfer  of  said  City  stock  or  certificates  of  indebt- 
edness of  the  Mayor  and  City  Council  of  Baltimore,  to  the 
amount  of  one  million  of  dollars.  Before  the  ordinance  which 
the  Mayor  and  City  Council  of  Baltimore  is  autliorized  and 
empowered  to  pass,  shall  take  effect,  it  shall  be  approved  by  a 
majority  of  the  votes  of  the  legal  voters  of  the  said  City,  cast 
at  the  time  and  places  to  be  appointed  by  said  ordinance  for 
submitting  the  Eame  to  the  legal  voters  of  said  City,  as  required 
by  section  7  of  Article  XI,  of  the  Constitution  of  Maryland.  To 
appropriate  annually  for  the  Baltimore  Manual  Labor  School 
for  Indigent  Boys,  sum  or  sums  of  money  not  exceeding  fifteen 
hundred  dollars  per  annum,  l^pon  transfer  and  surrender  to 
it^  by  the  Peabody  Institute  of  the  City  of  Baltimore,  of  six 


292 


per  cent.  City  stock,  to  an  amount  not  exceeding  five  liundrecl 
thousand  dollars,  to  issue  and  deliver  to  the  said  Peabody 
Institute,  in  consideration  of  such  transfer  and  surrender. 
City  stock  in  the  form  prescribed  for  such  certificates  by  the 
Baltimore  City  Code  of  eighteen  hundred  and  seventy-nine, 
redeemable  in  the  year  of  our  Lord  nineteen  hundred  and  fifty, 
and  bearing  interest  at  the  rate  of  not  more  than  five  per  cent, 
per  annum,  payable  quarterly ;  and  to  pass  an  ordinance 
providing  for  such  transfer  of  said  stock,  and  for  the  issue  and 
delivery  to  the  said  Peabody  lustitute,  in  consideration  of  such 
transfer  and  surrender  of  stock  or  certificates  of  indebtedness 
of  the  Mayor  and  City  Council  of  Baltimore,  to  the  amount  of 
not  over  five  hundred  thousand  dollars,  as  authorized  above, 
bearing  interest  at  not  more  than  five  per  cent,  per  .annum, 
payable  quarterly. 

SEWERS. 

817.  If  any  person  shall  wilfully  stop  up,  obstruct,  injure 
or  damage  the  passage  of  the  waters  of  any  of  the  common  or 
private  sewers  or  drains,  he  shall  be  fined  a  sum  not  exceeding 
one  hundred  dollars,  to  be  collected  as  other  fines  are  collected. 

818.  The  Mayor  and  City  Council  of  Baltimore  shall  have 
full  power  to  provide  for  constructing,  opening,  enlarging  or 
straightening,  subject  to  the  provisions  hereinbefore  contained 
as  to  the  Board  of  Public  Improvements  and  the  Board  of 
Estimates,  any  sewer  or  drain,  public  or  private,  through  any 
private  property,  upon  giving  thirty  days'  notice  in  writing  to 
the  owner  or  agent  of  said  private  property,  or  to  one  of  them, 
if  more  than  one,  leaving  such  notice  at  the  usual  place  of 
abode  of  such  owner  or  agent,  or  at  the  usual  place  of  abode  of 
one  of  them,  if  more  than  one,  or  if  none  of  said  parties  live 
in  the  City  of  Baltimore,  by  setting  up  said  notice  on  the  land 
or  premises,  to  provide  for  ascertaining  what  amount  of  actual 
benefit  will  thereby  accrue  to  the  owner  or  possessor  of  any 
ground  or  improvements  within  or  adjoining  the  City,  being 
governed  as  far  as  practicable  by  the  number  of  superficial  feet 
drained,  and  to  provide  for  assessing  and  levying,  either 
generally  on  the  whole  assessable  property  of  the  said  City, 
or  by  a  loan  for  the  special  purj)ose  for  constructing,  opening, 
enlarging  or  straightening  any  sewer,  the  sum  necessary  to  pay 
the  expense  or  cost,  or  specially  on  the  property  of  persons 
actually  benefited,  the  whole  or  any  part  of  the  damages  and 
expenses  which  they  shall  ascertain  will  be  incurred  in  con- 


i 


m 

striicting,  openings  eiilargiiifr  or  straightening  ahy  sewer  m  any 
street,  lane  or  alley,  or  tbrougli  any  private  property  in  said 
City ;  to  provide  for  granting  appeals  to  the  court  having 
jurisdiction  thereof  in  Baltimore  City,  from  the  decision  of  any 
commissioners  or  other  persons  appointed  in  virtue  of  any 
ordinance  to  ascertain  the  damage  which  will  be  incurred  or 
the  benefits  which  will  accrue  to  the  owners  or  possessors  of 
any  ground  or  improvements  for  constructing,  opening,  enlarg- 
ing or  straightening  in  any  street,  lane  or  alley,  or  through  any 
private  property,  any  sewer  which  in  their  opinion  the  public 
welfare  or  convenience  may  require,  and  for  securing  to  every 
such  owner  or  possessor  the  right  on  application  within  a 
reasonable  time  to  have  decided  by  a  jury  trial  whether  any 
damage  and  what  amount  of  damage  has  been  caused,  or 
whether  any  benefit  and  what  amount  of  benefit,  has  accrued 
to  them ;  and  to  provide  for  collecting  and  paying  over  the 
amount  of  compensation  adjudged  to  each  person  to  receive 
the  same,  or  investing  in  stock  of  said  corporation,  bearing 
interest  of  five  per  centum  per  annum,  for  the  use  of  any  person 
who,  because  of  infancy,  absence  from  the  City,  or  other  cause, 
may  be  prevented  from  receiving  it,  before  any  sewer  shall  be 
constructed,  opened,  enlarged  or  straightened  in  any  street, 
lane  or  alley,  or  through  any  private  property,  and  to  enact 
and  pass  all  ordinances  from  time  to  time  which  shall  be 
deemed  necessary  and  proper  to  exercise  the  power  and  effect 
the  objects  herein  specified. 

819.  The  amount  of  benefits  assessed  on  any  property  for 
constructing,  opening,  enlarging  or  straightening  any  sewer  in 
any  street,  lane  or  alley,  or  through  any  private  property,  con- 
structed, opened,  enlarged  or  straightened  by  virtue  of  any 
ordinance  passed  by  the  Mayor  and  City  Council  of  Baltimore, 
shall  be  a  lien  on  the  property  and  recoverable  as  City  taxes 
are. 

820.  No  private  sewer  or  drain  shall  be  constructed,  altered 
or  repaired  without  a  permit  from  the  City  Engineer. 

821.  Before  the  Mayor  and  City  Council  of  Baltimore  shall 
pass  any  ordinance  under  this  Article  relating  to  the  con- 
structing, opening,  enlarging  or  straightening  any  sewer 
through  any  street,  lane  or  alley,  or  through  any  private 
property,    notice    shall    be    given    of  an   application    for    the 


294 

passage   of  such   an   ordinance  in  at  least  two   of  the  daily 
newspapers  of  said  Citj,  twice  a  week  for  sixty  days. 

822.  Before  any  Commissioners  appointed  by  any  ordinance 
of  said  corporation  under  the  preceding  sections  hereof  shall 
proceed  to  the  performance  of  their  duty,  they  shall  give  daily 
notice,  in  at  least  two  newspapers  in  the  City  of  Baltimore,  of 
the  object  of  the  ordinance  under  which  they  propose  to  act, 
at  least  thirty  days  before  the  time  of  the  first  meeting  to 
execute  the  same. 

823.  Should  the  Commissioners  appointed  by  the  Mayor 
and  City  Council  of  Baltimore  assess  any  part  of  the  expense 
and  damage  incurred  in  the  construction,  opening,  enlarging  or 
straightening  any  sewer  in  the  City,  upon  the  Mayor  and  City 
Council  of  Baltimore,  the  said  Mayor  and  City  Council  of 
Baltimore  may  levy  a  tax  on  the  assessable  property  of  the 
City  for  the  amount  of  such  assessment,  or  they  may  raise  the 
necessary  amount  by  a  loan,  for  the  payment  of  which  they 
may  create  a  sinking  fund  to  meet  the  liabilities  incurred ;  and 
may  also  levy  on  the  assessable  property  of  the  City  of  Balti- 
more from  time  to  time  such  sums  as  may  b©  necessary  to 
provide  therefor,  and  for  the  principal  and  interest  of  the 
liabilities  incurred,  and  may  pass  all  ordinances  necessary  to 
carry  out  the  provisions  of  the  same. 

824.  The  Maj^or  and  City  Council  of  Baltimore  are  author- 
ized to  issue  the  stock  of  the  Cit}'  of  Baltimore  for  the  amount 
of  five  millions  of  dollars ;  said  stock  to  be  issued  from  time 
to  time  as  the  Mayor  and  City  Council  of  Baltimore  shall  by 
ordinance  prescribe ;  the  proceeds  of  said  stock  to  be  used  for 
the  opening,  widening,  repaving  and  paving  of  streets,  the  con- 
structing of  sewers,  the  supplying  of  school  buildings  in  the 
Cit}'  of  Baltimore,  and  the  improvement  of  the  public  parks. 
The  said  stock  shall  be  in  such  amounts,  payable  at  such  time 
or  times,  and  shall  bear  such  rate  of  interest  as  the  said  Mayor 
and  City  Council  of  Baltimore  shall  provide  by  ordinance ; 
but  the  said  stock  shall  not  be  issued  unless  the  ordinance 
which  the  Mayor  and  City  Council  of  Baltimore  is  hereby 
authorized  to  enact  shall  be  approved  by  a  majority  of  the 
votes  of  the  legal  voters  of  said  City,  cast  at  the  time  and  place 
to  be  appointed  by  said  ordinance  in  the  provision  for  submit- 
ting the  same  to  the  legal  voters  of  said  City,  as  required  by 
section  7  of  Article  XI  of  the  Constitution  of  the  State. 


295 


SHERIFFS    FEES. 

625.   The  Sheriff  of  Baltimore  City  shall  hereafter  receive 
for  the  services  hereinafter  recited,  fees  as  follows : 

For  serving  an  attachment  of  contempt  and  return,  one  dollar 
and  fifty  cents. 

For  an  arrest  on  warrant  and  return  in  criminal  cases,  one 
dollar. 

STOCKS,    LOANS   AND   FINANCE. 

826.  The  Mayor  and  City  Council  of  Baltimore  are  author- 
ized and  empowered  to  endorse  the  bonds  of  the  Baltimore 
and  Eastern  Shore  Railroad  Company,  to  the  extent  of  ten 
thousand  dollars  per  mile  of  said  railroad,  as  the  same  is  com- 
pleted ;  provided,  that  no  such  endorsement  shall  be  made  until 
an  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
authorizing  and  directing  the  same,  and  the  terms  and  condi- 
tions, and  mode  and  manner  of  making  said  endorsement  shall 
have  been  submitted  to  the  legal  and  qualified  voters  of  the 
City  of  Baltimore,  at  such  time  and  place  as  may  be  fixed  by 
said  ordinance,  to  be  approved  by  a  majority  of  votes  cast  at 
such  time  and  place;  provided  further,  that  the  aggregate 
amount  of  such  endorsements  shall  not  exceed  the  sum  of  five 
hundred  thousand  dollars,  and  that  the  bonds  so  endorsed 
shall  be  secured  by  first  mortgage  on  the  property  and  fran- 
chises of  said  Baltimore  and  Eastern  Shore  Railroad,  and  shall 
bear  interest  at  a  rate  not  exceeding  three  and  one-half  per 
cent,  per  annum ;  and  provided  further,  that  before  the  said 
ordinance  shall  be  passed  by  the  Mayor  and  City  Council  of 
Baltimore,  or  submitted  to  the  voters  of  said  City,  the  pro- 
priety of  making  said  endorsement  shall  receive  the  approval 
and  endorsement  of  the  Board  of  Trade  of  the  City  of  Balti- 
more, of  the  Corn  and  Flour  Exchange,  of  the  Merchants  and 
Manufacturers'  Association  of  said  Baltimore  City,  and  of  the 
Merchants  and  Manufacturers'  Association  of  Old  Town, 
expressed  by  a  majority  vote  of  said  associations,  respectively, 
and  duly  certified  to  the  Mayor  and  City  Council  of  Baltimore. 

STREETS,    BRIDGES   AND    HIGHWAYS. 

Opening  Streets. 

827.  AVhenever  any  property  shall  have  been  condemned 
in  any  form  of  proceeding  for  the  use  of  the  Mayor  and  City 
Council  of  Baltimore,  and  in  consequence  of  infancy,  insanity, 
absence  from  the  City,  of  any  person  or  persons  entitled  to 
receive  any  money  awarded  in  any  such  proceeding,  conflicting 


296 


claims,  refusal  to  accept  or  any  other  cause,  such  money  can- 
not be  safely  or  reasonably  paid  to  any  person  or  persons,  it 
shall  be  lawful  for  the  Mayor  and  City  Council  of  Baltimore 
to  file  a  bill  or  petition  in  any  Court  of  Equity  in  the  City  or 
County  where  the  property  is  condemned,  or  any  portion 
thereof,  lies ;  and  whenever  such  court  shall  be  satisfied  for  any 
of  the  persons  aforesaid  that  such  money  ought  to  be  paid  into 
such  court,  it  shall  pass  such  decree  as  it  shall  deem  proper, 
and  the  payment  of  any  money  into  court  under  any  such  decree 
or  order  shall  be  considered  in  all  respects  equivalent  to  a 
tender  thereof  to  any  person  or  persons  entitled  to  such  money 
and  who  may  be  made  a  proper  party  to  such  proceeding. 

828.  Before  they  shall  pass  any  ordinance  under  section  6 
of  this  Article,  paragraph  "Streets,  Bridges  and  Highways," 
relating  to  the  laying  out,  opening,  extending,  widening, 
straightening  or  closing  up,  in  whole  or  in  part,  of  any  street, 
square,  lane  or  alley  within  Baltimore  City,  notice  shall  be 
given  by  advertisement  published  once  a  week  for  six  consecu- 
tive weeks  in  two  of  the  daily  newspapers  in  the  said  City,  that 
application  shall  be  made  for  the  passage  of  such  ordinance, 
which  notice  shall  set  forth  clearly,  in  the  case  of  laying  out, 
opening  or  extending  any  street,  square,  lane  or  alley,  the 
length  or  width  of  such  street,  square,  lane  or  alley,  or  part 
thereof  to  be  laid  out,  opened  or  extended,  and  in  the 
case  of  widening  or  straightening  shall  set  fortli  clearly 
both  the  present  and  the  intended  width,  and  also  the  length 
of  any  street,  lane  or  alley,  or  part  thereof  intended  to  be 
widened  or  straightened,  and  in  case  of  closing  shall  set  forth 
clearly  the  length  and  width  of  the  street,  lane  or  alley,  or  any 
part  thereof,  intended  to  be  closed ;  and  notice  shall  also  be 
given  by  filing  in  the  office  of  the  Commissioners  for  Opening 
Streets  on  or  before  the  first  day  of  such  publication,  a  map  on 
the  scale,  not  smaller  than  fifty  feet  to  the  inch,  prepared  by 
some  competent  surveyor,  whose  name  shall  be  signed  to  the 
same,  which,  in  case  of  laying  out,  opening,  extending,  widen- 
ing or  straightening  shall  show  the  course  and  the  lines  of  the 
projected  improvement,  and  also  the  lots  and  buildings  thereon 
which  shall  be  taken  or  destroyed,  in  whole  or  in  part,  and 
which,  in  the  case  of  closing,  shall  show  the  street,  lane  or  alley, 
or  part  thereof,  intended  to  be  closed,  and  also  the  abutting 
lots  and  improvements  thereon.  It  shall  be  the  duty  of  the 
Commissioners  to  endorse  on  said  map  their  names,  with  the 
date  of  it  being  filed  in  their  office,  and  to  keep  the  said  map 


297 


where  the  public  may  have  access  to  it,  whenever  sairl  map 
may  be  needed  for  the  purpose  of  being  shown  at  any  meeting 
of  the  City  Council  or  of  any  committee  thereof,  they  may,  on 
the  written  order  or  request  of  the  President  of  either  Branch 
of  the  City  Council  or  of  the  chairman  of  such  committee,  and 
on  obtaining  his  receipt  therefor,  allow  the  said  map  to  be 
taken  from  their  office  for  that  purpose,  to  be  returned  on  the 
following  day. 

829.  Before  any  commissioners  appointed  by  any  ordinance 
of  said  corporation  under  the  two  preceding  sections  shall  pro- 
ceed to  the  performance  of  their  duty,  they  shall  give  notice  in 
at  least  two  of  the  daily  newspapers  in  the  City  of  Baltimore 
of  the  object  of  the  ordinance  under  which  they  propose  to 
act,  at  least  thirty  days  before  the  time  of  their  first  meeting 
to  execute  the  same. 

830.  A  tenant  for  ninety-nine  years,  or  for  ninety-nine  years, 
renewable  forever,  or  the  executor  or  administrator  of  such 
tenant,  or  the  guardian  of  an  infant  owner,  or  a  mortgagee  in 
possession,  shall  be  deemed  and  taken  as  an  owner  for  the 
purposes  of  any  application  to  the  Mayor  and  City  Council 
authorized  by  this  sub-division  of  this  Article ;  and  the  applica- 
tion of  any  such  person  shall  bind  the  property  so  represented 
for  any  assessment  or  tax  made  under  an  ordinance  passed  in 
pursuance  of  the  provisions  of  this  sub-division  of  this  Article. 

831.  Where  real  estate  within  the  said  City  has  been  or  may 
be  divided  according  to  law  among  heirs,  legatees,  joint  tenants 
or  tenants  in  common,  entitled  to  the  same,  and  such  division 
calls  for  any  of  the  streets,  lanes  or  alleys,  of  any  part  thereof 
surveyed  and  laid  off  under  the  Act  of  1817,  chapter  148,  or 
reserves  any  of  the  said  streets,  lanes  or  alleys,  or  any  part 
thereof,  as  open,  and  divides  such  estate  with  reference  thereto, 
the  Mayor  and  City  Council  of  Baltimore  may,  on  application 
of  one  or  more  persons  interested  in  the  ground  to  be  taken  on 
such  application,  adopt  and  sanction  by  ordinance  the  principle 
under  which  such  division  was  had,  and  open  any  of  the  said 
streets,  lanes  or  alleys,  or  any  parts  thereof,  in  the  said  division 
reserved  or  recognized ;  provided,  at  least  one  week's  notice  in 
the  newspapers  of  said  City  (the  cost  of  the  advertisement  to 
be  paid  by  the  applicants),  be  given  of  such  application  before 
any  such  ordinance  shall  pass. 


832.  All  the  streets,  lanes  or  alleys  opened  in  tlie  manner 
directed  in  the  preceding  section  shall  be  public  highways,  and 
be  subject  to  the  laws,  regulations  and  ordinances  applicable 
to  public  streets,  lanes  or  alleys,  or  parts  thereof,  in  said  City. 

833.  They  may,  on  application  of  the  owners  of  a  majority 
of  feet  in  front  of  any  private  wharf,  dock,  street,  lane  or 
alley,  cause  the  same  to  be  paved,  cleaned  out,  mended  or 
otherwise  repaved  or  kept  in  good  condition  or  repair,  and  may 
impose  upon  and  collect  from  all  the  proprietors  of  the 
property  so  to  be  cleaned  out  or  repaired,  a  tax  sufficient  in 
amount  to  defray  the  expenses  thereof,  which  shall  be  assessed 
upon  the  proprietors  in  proportion  to  the  number  of  feet  held 
by  them,  respectively,  in  front  or  length,  and  shall  be  collected 
by  the  Mayor  and  City  Council  of  Baltimore  as  taxes  levied 
for  paving  public  streets. 

834.  Whenever  the  Commissioner  of  Health  shall  certify 
in  writing  to  the  Mayo^'  that  it  is  necessary  for  the  health  of 
the  City  to  alter  the  grade  of  any  street,  lane  or  alley  on  low 
or  made  ground,  the  Mayor  shall  issue  his  order  to  the  City 
Engineer,  who  shall  thereupon  call  upon  the  several  property- 
holders  on  such  street,  lane  or  alley,  and  procure  from  them 
their  assent  in  writing  to  such  alteration  ;  and  if  any  property- 
holder  shall  refuse  to  permit  the  same  to  be  graded,  and  shall 
require  damages  therefor,  and  cannot  agi'ee  with  the  City 
Engineer  as  to  the  amount  of  damages,  or  should  there  be  any 
legal  disability  on  the  part  of  those  owning  property  on  such 
street,  lane  or  alley,  the  Judge  of  the  Baltimore  City  Court,  on 
application  of  the  corporation,  shall  appoint  three  disinterested 
persons  to  assess  such  damages,  who  shall  return  on  oath  their 
award  to  said  court,  and  the  same  shall  be  confirmed  by  the 
court  unless  cause  to  the  contrary  be  shown  ;  in  whicli  case  the 
court  shall  at  the  first  term  thereafter  decide  finally  thereon  ; 
and  when  the  damages  so  assessed  or  agreed  upon  shall  be  paid 
by  the  Mayor  and  City  Council  of  Baltimore  to  the  persons  so 
assessed,  and  legally  entitled  to  receive  the  same,  the  Mayor 
and  City  Council  of  Baltimore  may  proceed  to  regrade  and 
pave  the  said  street,  lane  or  alley. 

835.  The  president,  directors  and  companies  of  the  differ- 
ent turnpike  companies  owning  roads  running  into  the  City  of 
Baltimore,  may  cede  to  said  City  such  parts  of  said  roads  as 


^99 

lie  within  the  corporate  limits  of  said  City  ;  and  the  same,  wheii 
ceded,  shall  be  in  all  respects  subject  to  the  same  regulations 
as  unpaved  public  streets. 

836.  The  Mayor  and  City  Council  of  Baltimore  be  and  it 
is  hereby  authorized  and  empowered  to  accept  from  the  owners 
thereof,  a  deed  of  the  land  lying  in  the  bed  of  Eutaw  Place 
extended,  between  North  avenue  on  the  southeast  and  Druid 
Hill  Park  on  the  northwest,  in  consideration  of  an  agreement 
on  the  part  of  said  grantee,  to  be  incorporated  therein,  that  no 
street  car  or  other  railroad  tracks  shall  at  any  time  thereafter 
be  located  or  placed  on  any  part  thereof. 

837.  That  upon  the  execution  of  said  deed  and  acceptance 
thereof  by  the  Mayor  and  City  Council  of  Baltimore  embody- 
ing said  contract  prohibiting  the  locating  or  placing  car  tracks 
upon  any  part  of  the  land  so  to  be  granted,  the  said  contract 
shall  be  and  is  hereby  declared  to  be  forever  thereafter 
inviolable;  provided,  how^ever,  that  nothing  herein  contained 
shall  prevent  the  Mayor  and  City  Council  of  Baltimore  from 
authorizing  by  ordinance  the  location  or  construction  of  car 
tracks  on  such  part  of  the  bed  of  said  street  as  are  contained 
within  the  limits  of  intersecting  or  cross  streets  that  are  now 
or  may  hereafter  be  provided  for  by  ordinance  of  said  Mayor 
and  City  Council  of  Baltimore. 

North  Avenue. 

838.  The  bed  of  North  avenue,  throughout  its  entire  length, 
shall  in  all  respects  be  hereafter  held  as  the  bed  of  any  other 
street  or  avenue  in  Baltimore  City,  so  far  as  the  same  be  laid 
down  on  Poppleton's  map  of  Baltimore  City,  and  subject  to  all 
the  conditions  or  requirements  of  any  other  street  or  avenue 
in  said  City ;  and  any  and  all  of  the  ground  fronting  thereon, 
whether  in  Baltimore  City  or  County,  shall,  in  the  event  of  said 
avenue,  or  any  part  thereof,  being  graded,  curbed,  paved,  shelled, 
graveled,  or  in  any  like  manner  improved,  be  subject  to  the 
same  assessment  for  the  cost  of  said  grading,  curbing,  paving, 
graveling,  shelling  or  like  improvement,  as  would  be  the  case  , 
with  ground  fronting  on  any  other  street  or  avenue  in  the  City, 
similarly  to  be  improved  as  aforesaid ;  and  such  ground  and 
the  owners  and  representatives  thereof  shall  in  such  event  be 
held  liable  for  said  assessments,  and  the  said  avenue  be  subject 
to  all  the  Acts  of  Assembly  and  ordinances  of  the  Mayor  and 


m 

City  Council  of  Baltimore  Avliich  are  now  of  may  be  liereaftei" 
in  force  and  applicable  for  grading,  curbing,  paving,  graveling, 
shelling  or  any  like  improvement  of  streets  or  avenues  in  Bal- 
timore City. 

Bridges  and  Hiyhaays. 

839.  The  bridges  which  the  County  Commissioners  of  Bal- 
timore County  have  heretofore  agreed  to  build  within  the  limits 
of  the  territory  which  has  become  annexed  to  Baltimore  City 
under  the  Act  of  1888,  chapter  98,  shall  be  completed  by  the 
City  of  Baltimore ;  and  all  bridges  within  the  limits  of  said 
territory  shall  be  maintained  and  kept  in  repair  for  public 
travel  at  the  expense  of  Baltimore  City ;  all  bridges  crossing 
the  Patapsco  river  from  said  City,  including  the  bridge  known 
as  the  "Long"  or  Light  Street  Bridge,  shall  be  maintained  and 
kept  in  repair  for  public  travel  at  the  sole  expense  of  the  said 
City  of  Baltimore. 

840.  No  avenues,  streets  or  alleys  within  the  territory 
annexed  to  the  City  of  Baltimore  by  the  Act  of  1888,  chapter 
98,  shall  hereafter  be  opened,  established  or  condemned,  nor 
shall  the  dedication  of  any  avenue,  street  or  alley  hereafter 
made  in  said  territory  be  accepted  by  the  Mayor  and  City 
Council  of  Baltimore,  unless  the  lines  and  grades  of  said 
avenues,  streets  or  alleys  be  opened,  established,  condemned 
or  dedicated  to  conform  to  the  plans,  plats  or  surveys,  defined 
by  the  topographical  survey  of  the  City  of  Baltimore,  prepared 
under  the  supervision  of  Henry  T.  Douglas,  chief  engineer, 
unless  otherwise  provided  in  an  Act  of  Assembly ;  ])rovided, 
that  the  plan  of  said  topographical  survey  shall  be  approved 
by  an  ordinance  or  formal  resolution  of  the  Mayor  and  City 
Council  of  Baltimore. 

841.  All  streets,  avenues  or  alleys  lying  in  that  portion  of 
Baltimore  City,  formerly  constituting  a  portion  of  Baltimore 
County,  and  in  pursuance  of  the  Act  of  the  General  Assembly 
of  Maryland  of  1888,  chapter  98,  recently  annexed  to  the  said 
City  of  Baltimore,  which  had  prior  to  such  annexation  become 
streets,  avenues  or  alleys  in  Baltimore  County,  whether  by 
deed  or  dedication,  shall  be  held  for  all  purposes  to  validly 
constitute  streets,  avenues  or  alleys  of  Baltimore  City,  in  all 
respects  as  if  the  same  had  been  legally  condemned  as  such  by 
the  Mayor  and  City  Council  of  Baltimore. 


301 


SUB\'EYOR. 

842.  A  copy  of  the  plat  of  the  City  of  Baltimore  from  the 
record  thereof  in  the  Mayor's  office,  or  from  the  record  thereof 
in  the  office  of  the  Clerk  of  the  Superior  Court  of  Baltimore 
City,  duly  certified  under  seal  by  the  keeper  of  such  records, 
respectively,  shall  be  evidence. 

TAXES. 

843.  All  taxes  now  levied,  or  which  hereafter  may  be  levied 
in  the  City  of  Baltimore,  shall  be  collected  within  four  years 
from  the  levying  of  the  same ;  and  the  collection  of  taxes  shall 
not  be  enforced  by  law  after  the  lapse  of  said  four  years,  and 
the  party  from  whom  said  taxes  may  be  demanded  may  plead 
this  section  in  bar  of  any  recovery  of  the  same.  Any  person 
enforcing  or  attempting  to  enforce  the  collection  of  any  tax 
after  the  lapse  of  four  years,  shall  be  liable  to  a  penalty  of 
twenty  dollars  for  each  and  every  offence,  recoverable  before  a 
Justice  of  the  Peace,  in  the  name  of  the  State,  one-half  to  the 
informer,  the  other  half  to  the  City  of  Baltimore. 

TENANTS    FOR   YEARS    OR   LESS    OR   AT   WILL. 

844.  Where  any  lands  or  tenements  in  the  City  of  Balti- 
more are  held  from  year  to  year,  the  tenancy  shall  be  termi- 
nated if  the  lessor  give  to  the  tenant  ninety  days'  notice  before 
the  end  of  the  year. 

845.  If  any  land  be  held  in  said  City  under  a  lease  for  a 
month,  or  any  less  period  than  a  year,  and  the  tenant  con- 
tinues to  occupy  under  such  lease  after  its  expiration,  he  shall 
be  deemed  a  tenant  for  such  period  as  the  premises  were 
originally  leased  to  him,  and  so  from  such  period  to  such 
period  ;  and  if  his  landlord  give  him  thirty  days'  notice  before 
the  termination  of  any  period  of  his  tenancy,  it  shall  termi- 
nate such  tenancy. 

846.  If  lands  or  tenements  be  held  in  said  City  by  tenancy 
at  will,  at  sufferance  or  prir  autre  vie,  thirty  days'  notice  by  the 
landlord  or  reversioner  to  the  tenant  or  occupant  shall  termi- 
nate such  tenancy  at  the  expiration  of  thirty  days. 

847.  Any  of  the  tenancies  mentioned  in  the  three  preceding 
sections  may  be  terminated  by  the  tenant's  giving  notice  to  the 
landlord  thirty  days  previous  to  the  end  of  the  year,  or  other 
period  for  which  he  holds  the  same. 


302 


848.  The  notice  required  by  the  preceding  sections  shall  be 
in  writing  and  served  on  the  tenant,  or  left  at  his  place  of 
abode  or  business,  or  served  on  his  agent  or  servant,  or  served 
on  any  occupant  of  the  premises ;  and  if  there  be  no  person 
living  on  the  premises  the  same  may  be  served  by  being  set 
up  on  a  conspicuous  part  of  the  premises. 

849.  Such  notice  shall  be  sufficient  in  form  if  it  contains  a 
request  by  the  landlord  to  the  tenant  to  leave  the  premises,  or 
if  it  state  the  intention  of  the  tenant  to  leave  the  same,  and  it 
need  not  state  the  time  when  the  tenant  is  requested  to  leave 
the  same,  or  when  the  tenant  intends  to  do  so. 

850.  Such  notice,  without  any  additional  notice,  sljall  entitle 
the  landlord  to  the  benefit  of  the  law  providing  for  the  speedy 
recovery  of  the  possession  of  lands  or  tenements  held  over  by 
tenants. 

851.  If  by  agreement  of  the  parties  the  time  and  manner 
of  notice  is  specified,  such  notice  shall  be  given  as  the  agree- 
ment provides,  and  when  given  by  the  landlord,  shall  entitle 
him  to  all  the  benefits  of  the  preceding  sections,  without  any 
other  notice. 

852.  One  Justice  of  the  Peace  of  said  City  shall  have  all 
the  powers  conferred  upon  two  justices  and  a  jury  by  the 
Public  General  Laws  in  relation  to  landlords  and  tenants, 
subject  to  appeal  as  in  other  cases  of  judgments  by  Justices 
of  the  Peace  in  said  Citv. 

853.  If  the  summons  issued  for  the  tenant  in  a  proceeding 
to  dispossess  him  be  returned  iion  est,  a  second  summons, 
returnable  in  not  less  than  five  days  shall  be  issued,  and  if  the 
tenant  shall  not  be  found,  a  copy  of  the  second  summons  shall 
be  left  with  the  occupant  of  the  premises,  or  if  they  be  vacant, 
affixed  to  some  principal  building,  or  if  no  building,  then  set 
Tip  on  the  premises  ;  and  on  the  day  assigned  in  the  summons 
for  the  appearance  of  the  party  the  Justice  shall  proceed  as 
if  he  had  appeared. 

854.  The  landlord  or  reversioner  may  file  with  the  Justice 
interrogatories  to  be  answered  by  the  tenant  touching  the 
tenancy  or  notice,  or  for  any  other  matter  of  evidence  in  sup- 


303 


port  of  the  pretensions  of  said  landlord  or  reversioner,  in  and 
about  such  proceeding. 

855.  If  a  copy  of  such  interrogatories  be  served  on  the 
tenant,  he  shall  answer  the  same  before  the  third  day,  exclu- 
sive of  the  day  of  service ;  and  upon  his  failure  to  answer  the 
matters  inquired  of  by  such  interrogatories,  they  shall  be  taken 
as  confessed  by  him ;  but  on  cause  shown,  the  Justice  may 
give  further  time  for  ansAvering,  not  exceeding  eight  days  in 
the  whole,  from  and  exclusive  of  the  day  of  service. 

856.  The  copies  of  said  interrogatories  may  be  served  in 
the  same  manner  that  notices  to  quit  are  directed  to  be  served. 

857.  If  in  any  proceeding  by  a  landlord  to  dispossess  a 
tenant  the  judgment  be  in  his  favor,  the  Justice  shall  assess 
against  the  tenant  holding  over  the  premises,  damages  not 
exceeding  double  the  rate  of  the  rent  of  said  tenancy,  and  also 
for  the  expenses  of  said  landlord  or  reversioner  in  and  about 
said  proceeding,  over  and  above  the  legal  costs  thereof,  and 
shall  render  a  judgment  therefor  in  favor  of  the  lessor  or 
reversioner,  to  be  enforced  by  execution. 

858.  If  the  Justice  shall  find  against  the  landlord  or  rever- 
sioner he  shall  assess  such  damages  as  he  shall  deem  just  to  be 
paid  by  him  to  the  tenant,  for  which,  and  costs,  judgment  shall 
be  rendered  and  enforced  as  aforesaid. 

859.  In  all  cases  the  tenancy  mentioned  in  this  sub-division 
of  this  Article,  if  the  tenant,  after  notice,  fail  to  quit  at  the  end 
of  the  term,  or  at  a  period  when  he  shall  begin  as  aforesaid  to 
be  holding  over,  such  tenant,  his  executors  or  administrators, 
may,  at  the  election  of  the  lessor,  his  heirs,  executors,  admin- 
istrators or  assigns,  be  held  as  a  tenant  and  bound  to  pay 
double  the  rent  to  which  the  said  tenancy  w^as  subject,  and 
payable  and  recoverable  in  all  respects  and  to  every  effect  as 
if,  by  the  original  agreement  or  the  understanding  as  to  such 
tenancy,  said  double  rent  were  the  reserved  rent  of  the  demised 
premises,  according  to  the  terms  and  conditions  of  payment  of 
such  originally  reserved  rent. 

860.  An  appeal  may  be  prosecuted  from  any  judgment  of  a 
Justice  of  the  Peace  rendered  under  the  provisions  of  this  sub- 


304 


division  of  this  Article  to  the  Baltimore  City  Court,  in  the 
manner  and  under  the  rules  prescribed  in  cases  within  the 
ordinary  jurisdiction  of  Justices  of  the  Peace ;  the  tenant,  or 
his  executors  or  administrators,  in  order  to  stay  any  execution 
of  the  judgment  against  them,  giving,  on  such  appeals,  bond 
with  security,  wi-th  condition  to  j^rosecute  the  appeal  with 
eflfect,  and  to  answer  to  the  landlord,  his  executors  and  admin- 
istrators, all  costs  and  damages  mentioned  in  the  judgment, 
and  such  as  shall  be  further  incurred  and  sustained  by  reason 
of  said  appeal  and  the  delay  thence  arising. 

861.  Such  cases  shall  not  be  removable  to  the  Baltimore 
City  Court,  at  any  stage  thereof,  save  by  and  upon  appeal  as 
aforesaid. 

862.  No  proceeding  to  dispossess  a  tenant  holding  over, 
had  before  any  Justice  of  the  Peace  and  removed  by  appeal  to 
the  Baltimore  City  Court,  shall  by  such  court  be  reversed  or 
set  aside  for  matter  of  form ;  and  any  case  thus  removed  by 
appeal,  if  the  proceeding  thereunder  shall  be  set  aside  or 
appear  to  be  substantially  defective,  shall  be  proceeded  with  in 
said  court  in  the  same  manner  and  to  the  same  effect,  upon 
the  claim  and  complaint  and  merits,  and  upon  evidence  to  be 
adduced  therein  as  it  was  or  might  have  been  competent  to 
said  Justice  of  the  Peace  to  have  proceeded  therewith. 

863.  Every  such  appeal  shall  be  tried  and  finally  deter- 
mined and  proceeded  with  at  the  first  term  to  which  such  case 
shall  be  removed  to  the  said  court,  unless  for  cause  shown 
upon  affidavit  the  court  shall  otherwise  order. 

864.  The  provisions  of  the  preceding  sections  of  this  sub- 
division of  this  Article,  relating  to  tenants  holding  over,  shall 
extend  to  the  heirs,  executors  and  assigns  of  lessors  and  rever- 
sioners, and  to  the  executors  and  all  persons  holding  under 
tenants,  and  to  all  cases  where  there  are  two  or  more  tenants, 
in  which  case  each  tenant  shall  be  entitled  to  the  notices  and 
the  benefit  of  each  condition  contained  in  the  preceding  sec- 
tions of  this  sub-division  of  this  Article. 

VAGRANTS,   PAUPERS,    BEGGARS,    VAGABONDS    AND    DISORDERLY 

PERSONS. 

865.  The  Judge  of  the  Criminal  Court  of  Baltimore,  or  any 
Justice  of  the  Peace  of  the  City  of  Baltimore,  upon  informa- 


305 


tion  that  any  person  in  said  City  is  a  pauper,  an  habitual 
beggar,  a  vagrant,  a  vagabond  or  disorderly  person,  shall  issue 
a  warrant  or  order,  to  be  directed  to  the  Sheriff  or  any  con- 
stable or  police  officer  of  said  City,  commanding  him  to  bring 
the  person  against  whom  the  information  is  given,  before  said 
Court  or  said  Justice  on  a  day  to  be  named  therein,  not  more 
than  one  week  from  the  date  of  the  warrant,  to  answer  to  the 
said  charge. 

866.  Every  person  who  has  no  visible  means  of  mainte- 
nance from  propert}^  or  personal  labor,  or  is  not  permanently 
supported  l)y  his  or  her  friends  or  relatives,  and  lives  idle, 
without  employment,  shall  be  deemed  a  pauper ;  and  every 
person  who  habitually  wanders  about  and  begs  in  the  streets, 
or  from  house  to  house,  or  sits,  stands  or  takes  a  position 
in  any  place  and  begs  from  passers-by,  either  by  Avords  or 
gestures,  shall  be  deemed  an  habitual  beggar;  and  every  per- 
son who  wanders  about  and  lodges  in  outhouses,  market-places, 
or  other  public  buildings  or  places,  or  in  the  open  air,  and  has 
no  permanent  place  of  abode,  or  visible  means  of  maintenance, 
shall  be  deemed  a  vagrant;  and  every  person  who  leads  a 
dissolute  and  disorderl}'  course  of  life,  and  cannot  give  an 
account  of  the  means  by  Avhich  he  procures  a  livelihood,  and 
every  fortune-teller  or  common  gambler,  shall  be  deemed  a 
vagabond  or  disorderly  person. 

867.  Police  officers,  acting  on  the  request  of  any  person,  or 
upon  their  own  information  or  belief,  shall,  without  a  warrant, 
arrest  and  carry  before  a  station-house  Justice  for  examination 
any  such  pauper,  habitual  beggar,  vagrant,  vagabond  or  dis- 
orderly person,  and  make  complaint  against  him;  provided, 
that  in  all  cases  where  such  arrest  is  made  on  request  of  any 
person  and  without  warrant,  the  officer  making  the  arrest  shall 
require  the  person  requesting  it  to  forthwith  appear  before  said 
Justice  and  prefer  a  charge,  under  oath,  against  the  person  so 
arrested. 

868.  The  said  Court  or  said  Justice,  upon  proof  that  any 
person  is  a  pauper,  an  habitual  begger,  a  vagrant,  or  a  vaga- 
bond as  aforesaid,  shall  in  the  discretion  of  the  said  Court  or 
Justice  commit  said  pauper,  habitual  beggar,  vagrant  or  vaga- 
bond to  the  Maryland  House  of  Correction,  or  to  such  other 
suitable  place  as  may  hereafter  be  provided  for  said  purpose 

20 


306 


by  the  Mayor  and  City  Council  of  Baltimore ;  provided,  that 
any  person  found  to  be  a  pauper  or  an  habitual  beggar  who 
may  not  be  able-bodied,  but  aged,  or  seriously  crippled  or 
infirm,  may  in  the  discretion  of  said  Court  or  Justice  be  com- 
mitted to  the  Almshouse  for  said  City ;  and  that  any  minor 
committed  under  this  Section  may  be  sent  to  any  reformatory 
institution  to  which  minors  may  be  committed  under  Article  27 
of  the  Code  of  Public  General  Laws. 

869.  Whenever  any  house  of  refuge,  house  of  correction, 
w^orkhouse  or  other  house,  building  or  place  shall  be  provided 
by  the  Mayor  and  City  Council  of  Baltimore,  to  which  persons 
convicted  under  this  sub-division  of  this  Article  may  be  sent, 
the  said  Court  or  said  Justice  may  send  them  to  any  such 
house,  building  or  place,  if  the  Judge  of  said  Court  or  said 
Justice  consider  it  to  be  a  more  suitable  place  for  the  purpose 
than  the  Almshouse. 

870.  The  Supervisors  of  City  Charities,  or  the  officers  of 
places  respectively  to  which  persons  convicted  under  the  two 
preceding  sections  may  be  sent,  shall  keep  them  during  the 
time  for  which  they  are  to  be  kept,  so  that  they  cannot  escape 
from  said  places. 

871.  The  said  Supervisors  of  City  Charities  or  other  officers 
respectively  shall  put  such  of  said  persons  so  convicted  as  are 
able  to  w^ork,  to  the  w^ork  which  they  are  best  able  to  do. 

872.  The  time  for  which  any  person  shall  be  sent  to  the 
almshouse,  the  Maryland  House  of  Correction  or  other  place, 
as  provided  by  section  868  of  this  Article,  shall  not  be  less 
than  one  week  nor  more  than  two  months  for  the  first  convic- 
tion, and  not  less  than  one  month  nor  more  than  six  months 
for  the  second  conviction,  and  not  less  than  six  months  nor 
more  than  twelve  months  for  the  third  or  any  subsequent 
conviction. 

873.  The  Supervisors  of  City  Charities  or  the  managers  of 
the  House  of  Refuge  or  officers  of  the  other  places  to  which 
persons  may  be  sent  as  aforesaid,  shall  respectively  have  the 
right  to  make  all  proper  rules  and  regulations  for  the  purpose 
of  carrying  out  the  aforesaid  provisions. 


307 


874.  Whenever  any  minor  shall  be  brought  before  the 
Judge  or  Justice  as  aforasaid,  the  parents  or  guardians  of  such 
minor,  if  thej  be  resident  within  the  City  of  Baltimore,  and 
their  names  and  place  of  residence  be  made  known  to  such 
Judge  or  Justice,  shall  be  summoned  to  show  cause,  if  any  they 
have,  wh}'  such  minor  should  not  be  sent  to  the  almshouse  or 
other  suitable  place,  or  be  otherwise  punished  according  to 
law. 

875.  The  said  Judge  or  Justice  shall,  if  a  suitable  master 
or  mistress  can  be  found,  and  he  judges  it  best  for  the  minor, 
bind  such  minor  an  apprentice  to  some  useful  art,  trade  or 
occupation,  in  the  same  manner  and  on  the  same  conditions  as 
apprentices  may  now  be  bound  by  the  laws  of  this  State. 

876.  Every  unmarried  male  under  twenty-one  years  of  age, 
and  unmarried  female  under  eighteen  years  of  age,  shall  be 
considered  minors  within  the  meaning  of  the  preceding  section. 

877.  The  Orphans'  Court  of  Baltimore  City  shall  have  con- 
current jurisdiction  over  all  cases  of  minors  under  the  pre- 
ceding sections  of  this  sub-division  of  this  Article,  and  exer- 
cise all  the  powers  in  relation  to  them  which  are  hereinbefore 
granted  to  the  Criminal  Court  and  to  Justices  of  the  Peace  of 
said  City. 

878.  The  Criminal  Court  of  Baltimore  City  shall  try  all 
cases  which  may  be  brought  before  it  in  relation  to  vagrants 
and  beggars,  in  the  same  manner  and  at  the  same  time  as 
cases  for  assault  and  battery  are  now  tried  by  said  court ;  pro- 
vided, that  the  trial  shall  be  by  jury,  if  demanded  by  the  party 
charged. 

879.  If  any  ease  which  may  be  brought  before  a  Justice 
of  the  Peace,  or  before  tlie  Orphans'  Court,  the  party  charged 
shall  demand  a  jury  trial,  the  said  Justice  or  said  Court  shall 
certify  said  case  to  the  Criminal  Court  of  Baltimore,  to  be 
proceeded  with  and  tried  by  said  Court  in  the  same  manner  as 
if  the  case  had  been  originally  brought  before  said  Court. 

880.  The  Justice  of  the  Peace  and  the  Clerk  of  the  Crim- 
inal Court  and  Kegister  of  Wills  of  the  Orphans'  Court  afore- 
said,  respectively,  shall   receive  the   sum  of  twenty-five  cents 


308 


for  issuing  every  warrant,  and  fifty  cents  for  making  out  every 
commitment  or  indenture  of  apprenticeship  of  such  vagrants 
or  beggars ;  and  the  constable,  Sheriff  or  police  officer,  for 
serving  said  warrant  and  bringing  the  person  charged  before 
either  of  said  Courts,  or  before  said  Justice,  shall  receive  the 
sum  of  fifty  cents,  and  for  carrying  any  person  committed  to 
the  place  of  commitment,  the  sum  of  fifty  cents,  which  several 
sums  shall  be  paid  as  other  costs  in  criminal  cases  are  now 
paid ;  but  either  of  said  Courts  or  said  Justice  may  at  discre- 
tion, adjudge  that  the  said  costs  shall  be  paid  by  the  informer, 
in  cases  where  the  person  charged  is  acquitted. 

VAGRANT  CHILDREN. 

881.  No  minor,  if  a  girl,  under  the  age  of  sixteen  years, 
and  if  a  boy,  under  the  age  of  fourteen  years,  shall  be  admitted 
or  permitted  to  remain  in  any  saloon,  place  of  entertainment 
or  amusement  known  as  dance-houses,  concert  saloon,  theatre 
or  varieties,  where  immoral,  indecent,  obscene  or  vulgar  lan- 
guage, display  or  performance  is  permitted,  allowed  or  carried 
on,  or  where  any  spirituous  liquors,  wines,  intoxicating  or 
malt  liquors  are  sold,  exchanged  or  given  away,  unless  accom- 
panied by  parents  or  guardian.  Any  proprietor,  keeper  or 
manager  of  any  such  place  who  shall  admit  such  minor  to  or 
permit  him  or  her  to  remain  in  sucli  place,  unless  accompanied 
by  parent  or  guardian,  shall  be  guilty  of  a  misdemeanor,  and 
shall,  upon  conviction  by  any  court  of  competent  jurisdiction, 
be  fined  ten  dollars  and  costs  for  each  and  every  offence. 

882.  Every  person  having  the  custody  of  any  girl  under 
the  age  of  sixteen  years  and  of  any  boy  under  the  age  of 
fourteen  years  shall  restrain  such  child  from  habitually  beg- 
ging, whether  actually  begging  or  under  the  pretence  of  ped- 
dling. Any  person  offending  under  this  section  shall  be  con- 
sidered and  deemed  as  incapable  of  taking  care  of  and  pro- 
viding for  such  child,  and  such  child,  by  reason  thereof,  be 
deemed  as  coming  within  the  conditions  of  the  next  succeed- 
ing section, 

883.  Any  girl  apparently  under  the  age  of  sixteen  years, 
and  any  boy  apparently  under  the  age  of  fourteen  j^ears,  that 
comes  within  any  of  the  following  descriptions  named  :  that  is 
known  to  be  habitually  begging  or  receiving  alms,  whether 
actually  begging  or  under  the  pretence  of  peddling  or  offering 


809 

for  sale  anything,  or  being  in  any  street,  road  or  public  place 
for  the  purpose  of  so  begging,  gathering  or  receiving  alms  ; 
that  is  found  wandering  and  not  having  any  home  or  settled 
place  of  abode  or  proper  guardianship  or  visible  means  of 
subsistence ;  that  is  found  destitute,  either  being  an  orphan  or 
having  a  vicious  parent  who  is  undergoing  penal  servitude  or 
imprisonment ;  that  frequents  the  company  of  reputed  thieves 
or  prostitutes,  or  houses  of  assignation  or  prostitution,  or 
dance-houses,  concert  salogns,  varieties,  or  places  specified  in 
section  881  hereof,  without  a  parent  or  guardian,  shall  be 
arrested  and  brought  before  a  Court  or  Justice  of  the  Peace. 
When,  upon  examination  before  a  Court  or  Justice  of  the 
Peace  it  shall  appear  that  any  such  child  has  been  engaged  in 
any  of  the  aforesaid  acts,  or  comes  within  any  of  the  aforesaid 
descriptions,  such  Court  or  Justice,  when  he  shall  deem 
expedient  for  the  welfare  of  the  child,  shall  commit  such  child 
to  an  orphan  asylum,  charitable  or  other  institute,  or  make 
such  other  disposition  thereof  as  now  is  or  may  hereafter  be 
provided  by  law  in  case  of  vagrants,  truant,  disorderly,  pauper 
or  destitute  children ;  provided,  however,  that  none  of  the 
provisions  of  this  sub-division  of  this  Article  shall  be  con- 
strued so  as  to  prevent  children  from  selling  or  offering  for 
sale  newspapers. 

884.  Any  person  representing  himself  or  herself  to  be,  or 
passing  himself  or  herself  oft'  as  the  parent  or  guardian  of  a 
child  or  children  referred  to  in  any  of  the  aforesaid  sections  of 
this  sub-division  of  this  Article,  when  it  shall  ajjpear  that  such 
person  is  not  either  the  parent  or  guardian  of  said  child,  shall 
be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction  by 
any  court  of  competent  jurisdiction  shall  be  fined  not  more 
than  twenty  dollars  and  costs  for  each  and  every  offence. 

Boys'   Home. 

885.  The  special  objects  and  purposes  of  the  Boys'  Home 
Society  shall  be  to  shelter  and  protect  destitute  and  homeless 
boys,  to  furnish  them  with  food,  raiment  and  lodging,  to  stim- 
ulate them  to  honest  efforts  to  earn  a  livelihood,  to  instnict 
them  after  working  hours  in  moral  and  religious  truths  and  in 
the  rudiments  of  education,  to  aid  and  encourage  them  out  of 
vagrancy  and  ignorance,  to  raise  them  up  into  a  better  life  of 
virtue,  industry  and  usefulness,  and  generally  to  stand  in  the 
relation  of  parent  to  such  homeless  boys. 


810 

886.  The  Boys'  Home  shall  have  authority  to  pl'ocure  the 
commitment  of  any  minor  in  the  Home,  either  to  the  House  of 
Refuge  or  to  any  other  reformatory  institution,  in  all  cases 
where,  by  reason  of  incorrigible  or  vicious  conduct  such  minor 
has  rendered  his  control  beyond  the  power  of  the  superintend- 
ent of  said  Home,  and  made  it  manifestly  requisite  that  from 
regard  for  the  morals  and  future  welfare  of  such  minor  and  the 
peace  and  order  of  society  he  should  be  placed  in  such 
reformatory  institution ;  and  the  said  society  shall  proceed  iu 
all  such  cases  in  the  same  manner  in  all  respects  as  the  parent 
or  guardian  of  such  minor  might  or  could  do  under  existing 
laws. 

887.  The  said  society  shall  have  power  to  place  the  boys 
committed  to  their  care,  during  the  minority  of  such  boys,  at 
such  employments  and  cause  them  to  be  instructed  in  such 
branches  of  useful  knowledge  as  may  be  suited  to  their  years 
and  capacities. 

Dolan  CMldrens  Aid  Society. 

888.  The  Dolan  Children's  Aid  Society,  under  the  charge 
of  the  Young  Catholics'  Friend  Society,  may  exercise  all  the 
powers  conferred  by  law  upon  any  other  children's  aid  society 
in  the  City  of  Baltimore. 

Hebrew  Oiyhan   Asylum. 

889.  The  Hebrew  Orphan  Asylum  of  Baltimore  City,  and 
the  officers  and  board  of  directors  thereof,  subject  to  the 
power  hereinbefore  in  this  Article  conferred  upon  the  Super- 
visors of  City  Charities,  shall  have  the  exclusive  care,  charge, 
custody  and  control  of  all  children  whom  they  shall  receive 
into  said  asylum,  until  they  shall  be,  if  males,  twenty-one 
years  old ;  if  females,  eighteen  years  old,  or  any  shorter 
period  for  which  they  may  be  received  by  said  corporation ; 
and  to  bind  them  out  for  a  time  not  exceeding  said  ages  of 
twenty-one  and  eighteen  years,  respectively,  or  such  shorter 
period  as  aforesaid,  as  apprentices  to  learn  any  profession, 
trade,  business  or  useful  occupation ;  or  may,  under  terms 
proper  in  the  view  of  the  said  officers  and  board  of  directors, 
and  to  be  stipulated  by  them,  place  them  for  adoption,  or  as 
inmates  with  any  families  or  persons ;  said  corporation,  in  the 
exercise  of  any  of  these  powers  of  binding  or  placing  out,  not 
being  limited  to  places  within  this  State ;  and  all  such  acts  of 
binding  or  placing  out  being  required  to  be  in  writing,  signed 


m 

Iby  the  ptesicleiit  or  vice-president  of  said  corporation,  and  by 
the  persons  taking  the  children  as  apprentices  as  aforesaid,  and 
acknowledged  by  said  signers  before  a  Justice  of  the  Peace  of 
Baltimore  City,  Notary  Public,  or  a  Commissioner  of  Deeds  of 
the  State  of  Maryland,  and  recorded  in  the  office  of  the  Register 
of  Wills  of  Baltimore  City. 

Home  of  the  Friendless. 

890.  The  Justices  of  the  Peace  for  Baltimore  City  may 
commit  to  or  the  Supervisors  of  Charities  may  place  in  the 
care  and  charge  of  the  Home  of  the  Friendless,  instead  of 
sending  to  the  almshouse,  all  children,  whether  male  or  female, 
who  are  destitute  or  suffering  for  want  of  support,  or  who  may 
be  found  begging  about  the  streets  of  the  City,  or  who  are 
children  of  beggars. 

891.  The  Home  of  the  Friendless,  and  the  managers 
thereof,  subject  to  the  powers  hereinbefore  in  this  Article 
conferred  on  the  Supervisors  of  City  Charities,  may  retain 
the  said  children  under  their  care  until  they  shall  be  eighteen 
years  of  age,  or  for  any  shorter  period,  and  may  bind  them 
out  for  a  time  not  to  exceed  the  age  of  eighteen  years  in  the 
case  of  females,  and  of  twenty-one  years  in  the  case  of  males, 
as  apprentices  to  learn  any  trade  or  business,  or  in  the  case  of 
females,  also  to  learn  to  be  useful  in  housewifery,  or  may 
under  terms  proper,  in  view  of  the  said  managers,  and  to  be 
stipulated  by  them,  place  them  for  adoption,  or  as  inmates 
with  any  families  or  persons  ;  and  the  said  corporation  in  the 
exercise^  of  any  of  the  powers  vested  in  them  by  this  section, 
of  binding  or  "placing  out  said  minors,  shall  not  be  limited  to 
places  within  this  State. 

892.  All  instruments  binding  or  placing  out  said  children 
shall  be  in  writing,  signed  by  the  president  and  at  least  two 
managers  of  said  corporation,  and  by  the  persons  taking  the 
children  as  apprentices  or  otherwise,  and  shall  be  acknowledged 
by  the  person  signing  the  same  before  a  Justice  of  the  Peace 
for  Baltimore  City,  and  within  six  months  from  the  date_^thereof 
recorded  in  the  office  of  the  Register  of  Wills  of  said  City.- 

893.  If  any  parent  or  guardian  or  any  Judge  of  the 
Orphans'  Court  of  Baltimore  City,  or  any  Justice  of  the  Peace 
for  said  City  shall  place  under  the  care  and  control  of  the 


ai2 

Home  of  the  Friendless,  any  child,  whether  male  or  female, 
under  the  age  of  eighteen  years,  of  the  description  of  children 
hereinbefore  mentioned,  or  as  suffering  through  the  extreme 
indigence  or  vagrancy  or  bad  habits  or  neglect  of  parents,  or 
from  cruelty  of  intemperate  parents,  or  as  being  illegitimate, 
or  children  of  persons  out  of  the  State  without  sufficient 
sustenance,  the  said  corporation  and  the  managers  thereof  shall 
hold  and  control  such  children,  with  power  to  bind  or  place 
them  out  as  hereinbefore  provided,  subject,  however,  to  the 
powers  hereinbefore  in  this  Article  conferred  on  the  Supervisors 
of  City  Charities. 

894.  Any  constable  or  police  officer  of  said  City,  upon 
application  of  any  manager  of  the  Home  of  the  Friendless,  or 
of  his  own  accord,  may  carry  before  any  Judge  of  the 
Orphans'  Court  for  said  City,  or  any  Justice  of  the  Peace,  any 
child  of  the  description  mentioned  in  the  preceding  section,  to 
be  dealt  with  as  therein  provided. 

Protestant  Infant  Asylam. 

895.  The  Protestant  Infant  Asylum  of  Baltimore  City,  a 
corporation  duly  incorporated  under  the  laws  of  this  State, 
subject  to  the  powers  as  hereinbefore  in  this  Article  conferred 
upon  the  Supervisors  of  the  City  Charities,  is  authorized 
and  empowered  to  receive  into  its  custody,  care  and  control, 
all  such  foundlings  and  orphans  and  other  destitute  infants 
under  the  age  of  four  years  as  shall  be  committed,  by 
instrument  of  writing,  under  the  hand  of  the  party  so  com- 
mitting to  its  keeping,  by  the  parent,  guardians  or  others  having 
the  right  of  disposition,  or  by  any  Orphans'  Court  or  Justice 
of  the  Peace  of  this  State  (if  of  the  class  of  children  whom 
such  Court  or  Justice  could  lawfully  bind  out  as  apprentices, 
which  commitment  to  the  said  Protestant  Infant  Asylum  of 
Baltimore  City  such  Orphans'  Courts  and  Justices  are  hereby 
empowered  to  make),  and  retain  under  its  care,  charge  and 
restraint  each  of  such  foundlings  and  infant  children  so  com- 
mitted to  its  keeping  until  he  or  she  shall  have  attained  the  full 
age  of  fourteen  years,  or  for  any  shorter  period,  and  at  or  before 
said  age  to  bind  out  any  and  every  one  of  said  foundlings  and 
infants  for  a  term  of  time  not  exceeding  the  age  of  twenty-one 
years,  if  the  child  be  a  male,  or  of  eighteen  years,  if  the  child 
be  a  female,  as  an  apprentice  to  learn  any  trade  or  business 
suitable  to  the  sex  of  the  child,  or  to  learn  to  be  useful  in  house- 


m 

wifery,  or  to  place  them  for  adoption  or  as  inmates  with  any 
families  or  persons,  or  transfer  them  to  the  custody,  charge, 
care  and  training  of  any  corporate  or  other  home,  asylum  or 
other  association  authorized  by  law  to  receive  such  children, 
and  retain  or  bind  them  out  in  this  State ;  provided,  that  all  such 
acts  of  binding,  placing  or  transferring  shall  be  evidenced  by 
instrument  of  writing,  signed  by  the  president  of  said  Protestant 
Infant  Asylum  of  Baltimore  City,  and  by  the  person  or  corpo- 
ration taking  such  child  as  apprentice,  or  for  adoption,  or  for 
subsequent  custody,  care  and  rearing,  and  by  such  signers 
acknowledged  before  a  Justice  of  the  Peace  of  this  State,  and 
within  one  month  from  the  date  thereof  recorded  in  the  office 
of  the  Register  of  Wills  of  Baltimore  City,  at  the  expense  of 
the  party  so  taking,  receiving  or  adopting ;  and  provided,  also, 
that  the  said  Protestant  Infant  Asylum  of  Baltimore  City  shall 
keep  a  fair  record,  in  a  suitable  book,  of  tlie  admission  of  all 
children  so  received  into  its  custody  and  care,  in  which  shall 
be  stated  the  date  of  admission,  the  name  and  age  of  the  child 
at  the  time  of  admission,  the  name  of  the  person  or  justice  by 
whom  or  the  Court  by  which  committed,  and  the  name  of  the 
nearest  relatives  when  known  to  the  corporation  or  its  officer 
charged  with  the  admission  of  inmates. 

St.  Vincent's   Orplian  Asylum. 

896.  Any  Justice  of  the  Peace  of  the  City  of  Baltimore  may 
commit  to,  or  the  Supervisors  of  City  Charities  may  place  in 
the  care  of  the  St.  Vincent's  Orphan  Asylum  of  the  City  of 
Baltimore,  foundlings  and  all  children  who  may  be  destitute 
or  suffering  for  want  of  support,  either  as  orphan  children  or 
because  of  the  extreme  indigence  or  vagrancy,  or  bad  habits 
or  neglect  of  parents,  or  who  may  be  found  begging  about  the 
streets  of  said  City,  or  who  ma}'  be  the  children  of  beggars ; 
provided,  however,  that  such  children  shall  be  under  the  age 
of  six  years  when  so  committed,  and  that  the  commitment 
shall  be  in  writing,  signed  by  the  person  making  the  same. 

897.  All  children  who  shall  be  committed  or  placed  as 
aforesaid,  subject  to  the  powers  hereinbefore  in  this  Article 
conferred  on  the  Supervisors  of  City  Charities,  shall  remain 
subject  to  the  power  and  control  of  the  officers  and  direc- 
tors of  said  asylum,  and  may  be  bound  or  apprenticed  or 
otherwise  disposed  of  by  said  officers  and  directors,  as  fully 
and  in  the  same  manner  as  is  provided  for  the  foundlings  aua 


814 

infant  orplian  children  in  said  asylum,  by  the  Act  of  the 
General  Assembly  of  1862,  chapter  93,  entitled  "An  Act  to 
authorize  the  Saint  Vincent's  Infant  Asylum  of  the  City  of 
Baltimore  to  bind  out  and  control  the  destitute  children  under 
their  care." 

Henry  Watson  Chlldreyis  Aid  Society. 

898.  The  Judges  of  the  Orphans'  Court  of  Baltimore  City, 
the  Judge  of  the  Criminal  Court  and  any  Justice  of  the  Peace 
are  authorized  and  empowered  to  deal  with  and  commit  to, 
and  any  police  officer  or  constable  or  the  Supervisors  of  City 
Charities  may  take  charge  of  and  place  temporarily  in  the  care 
of  the  President  and  Board  of  Managers  of  the  Children's  Aid 
Society  of  Baltimore,  any  minor,  whether  male  or  female,  in 
the  same  manner  and  under  the  same  circumstances  as  they 
are  authorized  to  deal  with  and  commit  minors  to  or  place  them 
in  the  care  and  charge  of  the  Home  of  the  Friendless,  under 
this  sub-division  of  this  Article ;  and  the  President  and  Board 
of  Managers  of  said  Children's  Aid  Society  of  Baltimore,  are 
vested  in  regard  to  all  minors,  male  or  female,  with  all  the 
rights,  powers  and  authority  which  the  Home  of  the  Friendless 
or  the  President  and  Managers  thereof  by  this  sub-division  of 
this  Article  are  vested  with ;  and  are  to  observe  the  same  forms 
and  regulations  in  regard  to  the  binding  out,  adopting  or  other- 
wise disposing  of  minors,  male  and  female,  committed  to  them 
by  virtue  of  this  section. 

899.  The  children  received  under  the  care  and  charge  of 
the  corporations  and  institutions  mentioned  in  this  sub-division 
of  this  Article  shall  be  and  remain  under  their  control  and 
restraint  and  under  their  charge,  and  of  the  officers  and  mana- 
gers and  agents  thereof,  and  bound  to  obedience  to  their  rules, 
regulations  and  discipline,  to  every  effect  as  apprentices  are 
bound  in  respect  to  their  masters  and  mistresses,  and  subject 
to  all  laws  concerning  the  duties,  liabilities,  privileges  and 
riglits  of  apprentices,  subject,  however,  to  the  powers  herein- 
before in  this  Article  conferred  upon  the  Supervisors  of  City 
Charities. 

WAITRESSES    IN    PLACES    OF   PUBLIC    AMUSEMENT. 

900.  It  shall  not  be  lawful  for  any  proprietor,  lessee  or 
manager  of  any  theatre",  museum  or  other  place  of  amusement, 
to  employ  women  or  girls  as  waiters,  or  to  permit  them  to  act 
in  such  theatre  or  place  of  amusement,  or  among  the  audience 


'm 


or*  frequenters  of  such  theatre  or  place  of  amusement  as  waiters, 
or  for  the  purpose  or  under  the  pretence  of  selling,  serving, 
receiving  orders  or  pay  for  spirituous  or  malt  li(|uors,  wines, 
lager  beer,  or  anj  other  refreshments  or  merchandise. 

901.  Any  person  violating  the  provisions  of  the  preceding 
section  shall  be  deemed  guilty  of  a  misdemeanor,  and  on  con- 
viction thereof  in  the  Criminal  Court  of  Baltimore,  shall  be 
sentenced  to  pay  a  fine  of  not  less  than  one  hundred  nor  more 
than  one  thousand  dollars,  or  to  imprisonment  in  jail  not  less 
than  one  month  nor  more  than  sis  months,  or  to  both  fine  and 
imprisonment,  at  the  discretion  of  the  court,  and  to  forfeiture 
of  license,  one-half  the  fine  to  be  paid  to  the  informer  and  the 
other  half  to  the  State. 

WATER. 

Lake  Boland,  Reservoirs  and  Dams. 

902.  If  any  person  shall  wilfully  pollute  the  water  in  any 
lake,  dam,  reservoir,  line  of  conduit,  water-pipe,  gate-house,  or 
other  work  constructed  or  used  for  svippl^ing  the  City  of  Balti- 
more with  water,  by  swimming,  bathing  or  Avashing  therein,  or 
by  washing,  or  causing  to  be  washed  therein,  or  so  near  thereto 
as  to  pollute  the  water  therein,  any  clothes,  the  skin  of  any 
dead  animal,  or  any  impure,  fetid  or  noxious  animal  or  vege- 
table matter,  or  shall  throw,  or  cause  to  be  thrown  therein,  or 
so  near  thereto  as  to  pollute  the  water  therein,  any  impure, 
fetid,  or  noxious  animal  or  vegetable  matter,  the  person  so 
ofiending  shall  forfeit  and  pay  a  sum  not  less  than  five  nor 
more  than  fifty  dollars  for  each  offence. 

903.  If  any  person  shall  erect,  or  cause  to  be  erected,  any 
priv}',  hog  pen,  bleaching  or  dyeing  establishment,  or  other 
thing,  over  any  lake,  dam,  reservoir,  line  of  conduit,  water- 
pipe,  gate-house  or  other  work  constructed  or  used  for  supply- 
ing the  City  of  Baltimore  with  water,  or  so  near  thereto  as  to 
pollute  or  discolor  the  water  therein,  the  person  so  offending 
shall  forfeit  and  pay  a  sum  not  exceeding  fifty  dollars,  and  the 
further  sum  of  ten  dollars  for  each  and  every  day  the  same 
shall  remain  after  notice  to  remove  same  shall  have  been  given. 

904.  If  any  person  shall  injure,  or  cause  to  be  injured, 
defaced  or  destroyed,  any  dam,  reservoir,  line  of  conduit,  water- 
pipe,  gate-house,  stop-cock,  or  other  thing  used  for  supplying 
the  City  of  Baltimore  with  water,  the  person  so  offending  shall 


§16 


forfeit  and  pay  a  sum  of  not  less  than  five  nor  more  than  fifty 
dollars  for  each  offence. 

905.  All  fines  and  forfeitures  imposed  by  the  preceding 
section  shall  be  recoverable  by  warrant  before  any  Justice  of 
the  Peace  in  and  for  the  City  of  Baltimore,  or  in  and  for  Balti- 
more county,  according  to  the  respective  jurisdiction  under 
which  any  of  the  offences  herein  set  forth  may  be  committed ; 
one-half  to  the  informer  and  the  other  half  to  the  Mayor  and 
City  Council  of  Baltimore. 

906.  The  two  preceding  sections  shall  not  be  construed  to 
exempt  any  person  who  may  have  been  fined  for  a  violation 
thereof,  or  who  may  be  charged  with  a  violation  thereof,  from 
an  action  of  damages  for  any  injury  or  destruction  of  any  part 
of  the  works  used  in  supjjljing  the  City  of  Baltimore  with 
water,  in  any  suit  for  damages  on  account  of  said  injury, 
brought  by  the  Mayor  and  City  Council  of  Baltimore. 

Section  2.  And  be  it  further  enacted,  That  this  Act  shall  not 
affect  or  impair  any  right  vested  or  acquired  and  existing  at 
the  time  of  the  passage  of  said  Act ;  provided,  that  this  section 
shall  not  be  construed  to  make  irrepealable  or  irrevocable  any 
right  which  before  the  passage  of  this  Act  was  repealable  or 
revocable ;  nor  shall  said  Act  impair,  discharge  or  release  any 
contract,  obligation,  duty,  liability  or  penalty  whatever  now 
existing.  All  suits  and  actions,  both  civil  and  criminal,  pend- 
ing or  which  may  hereafter  be  instituted  for  causes  of  action 
now  existing  or  offences  already  committed  against  any  law  or 
ordinance  repealed  by  this  Act,  shall  be  instituted,  proceeded 
with  and  prosecuted  to  final  determination  and  judgment  as  if 
this  Act  had  not  been  passed.  No  tax  levied  or  any  proceeding 
taken  for  the  collection  of  any  such  tax  or  the  enforcement  of 
the  payment  of  the  same,  before  the  passage  of  this  Act,  or  the 
taxes  le\ded  for  the  year  eighteen  hundred  and  ninety-eight,  if 
levied  after  the  passage  of  this  Act,  shall  in  any  manner  be 
affected  by  the  passage  of  this  Act,  and  the  mode  of  procedure 
in  any  such  matter  shall  be  the  same  as  if  this  Act  had  not 
been  passed. 

Section  3.  And  he  it  further  enacted,  That  all  laws  now  in 
force  relating  or  applicable  to  the  Mayor  and  City  Council  of 
Baltimore  or  the  City  of  Baltimore,  and  not  included  in  this 


317 


Act,  and  not  inconsistent  with  said  Act,  and  all  ordinances  of 
the  Mayor  and  City  Council  of  Baltimore  now  in  force  and  not 
inconsistent  with  this  Act,  shall  be  and  they  are  herebycon- 
tinued  until  changed  or  repealed,  respectively,  by  the  General 
Assembly  of  Maryland  or  the  Mayor  and  City  Council  of 
Baltimore ;  provided,  that  all  Acts  or  parts  of  Acts  passed  at 
the  session  of  the  General  Assembly  of  Mar^dand  in  the  year 
eighteen  hundred  and  ninety-eight,  relating  to  the  Mayor  and 
City  Council  of  Baltimore,  or  the  City  of  Baltimore,  or  in  any 
manner  amending  or  adding  to  Article  4  of  the  Code  of  Public 
Local  Laws,  as  said  Article  existed  before  the  passage  of  this 
Act,  shall  in  no  wise  be  affected  by  the  passage  of  this  Act, 
but  all  such  laws  shall  have  the  same  force  and  effect  as  if  this 
Act  had  not  been  passed.  The  provisions  of  this  Act  shall 
not  have  the  effect  to  enlarge  or  extend  in  any  manner  the 
rights  or  privileges  of  the  Mayor  and  City  Council  or  other 
authorities  of  the  City  of  Baltimore  outside  of  the  limits  and 
boundary  of  said  City,  beyond  or  in  addition  to  those  now 
limited  to,  and  exercised  by  said  City  under  the  present  laws. 

Section  4.  And  be  it  further  enacted,  That  all  officers  pro- 
vided for  or  named  in  said  Act,  whether  by  election  or  appoint- 
ment, shall  continue  to  hold,  exercise  and  discharge  the  duties 
of  their  respective  offices,  until  they  shall  be  superseded  under 
the  provisions  of  said  Act,  and  until  their  successors  shall  be 
duly  qualified,  and  nothing  contained  in  said  Act  shall  be  con- 
strued to  interfere  with  the  continuity  of  the  terms  or  tenure 
of  any  of  said  officers  ;  nor  shall  a  reappointment  or  re-election 
of  any  of  said  officers  be  necessary  in  order  to  secure  the  said 
continuity  of  their  said  terms  and  tenures  of  office,  unless 
otherwise  provided  in  said  Act. 

Section  5.  And  he  it  further  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage,  and  this  Act  shall  not 
be  published,  nor  a  certified  copy  of  the  same  furnished  to 
the  City  Kegister,  as  required  by  the  provisions  of  Article  76 
of  the  Code  of  Public  General  Laws. 

APPEOVED   MAKCH  24,  1898,  4:37  P.  M. 


818 
LAWS  KELATING  TO  BALTIMORE   CITY 

PASSED  BY  THE  LEGISLATURE  OF  1900,  AND   NOT  CODIFIED. 
ACT    OF    1900,    CHAPTER    149. 

An  Act  to    Prohibit    the   Laying   of  Railways   Tracks    Upon 

Chase  Street,  between  Broadway  and  Maryland  Avenue, 

in  the   City   of    Baltimore,  without  the    consent    of   the 

General  Assembly. 

Section  i.  Be  it  enacted  by  the    General  Assembly  of  3Iary- 

land,  That  it  shall  not  be  lawful  for  any  person  or  corporation 

to  lay  any  railway  tracks  upon  Chase  Street,  between  Broadway 

and  Maryland  Avenue,  in  the  City  of  Baltimore,  without  the 

consent  of  the  General  Assembly  of  Maryland. 

Section  2.  And  be  it  further  enacted.  That  this  Act  shall 
take  efiect  from  the  date  of  its  passage. 

act  of  1900,  CHAPTER  150. 

An  Act  to  Authorize  the  Governor  to  Appoint  Ten  Additional 
Notaries  Public  for  Baltimore  City. 
Section  1.  Be  it  enacted,  by  the  General  Assembly  of  Maryland, 
That  the  Governor,  by  and  with  the  advice  and  consent  of  the 
Senate,  be  and  he  hereby  is  authorized  to  appoint  ten  (10) 
Notaries  Public  for  Baltimore  City,  in  addition  to  the  number 
now  authorized  by  law. 

Section  2.  And  be  it  enacted.  That  this  Act  shall  take  effect 
from  the  date  of  its  passage. 

act  of  1900,  chapter  152. 
An  Act  to  Authorize  the  Mayor  and  City  Council  of  Baltimore 
to  Issue  the  Stock  of  said  Corporation  to  an  Amount  not 
Exceeding  One  Million  Three  Hundred  and  Fifty  Thou- 
sand Dollars,  for  the  Purpose  of  Providing  a  Public 
Lighting  Plant  to  Supply  Light  to  said  City  and  to  the 
Inhabitants  Thereof,  and  to  Authorize  the  Submission  of 
an  Ordinance  for  that  Purpose  to  the  Legal  Voters  of 
said  City. 

Section  1.  Be  it  enacted  by  the  Genercd  Assembly  of  Maryland, 
That  the  Mayor  and  City  Council  of  Baltimore  be  and  is 
hereby  authorized  to  issue  its  stock  to  an  amount  not  exceeding 
One  Million  Three  Hundred  and  Fifty  Thousand  Dollars,  to  be 
issued  from  time  to  time  in  such  amounts,  and  payable  at  such 
time,  and  bearing  such  rate  of  interest,  as  the  said  Mayor  and 


319 


City  Coiincil  of  Baltimore  shall  by  ordinance  prescribe.  The 
proceeds  of  said  issue  to  be  used  to  provide  a  Public  Lip;htin<T 
Plant  to  supply  the  said  City  and  the  inhabitants  thereof  with 
light,  but  said  stock  shall  not  be  issued  unless  the  Mayor  and 
City  Council  shall  by  ordinance  determine  to  erect  and  equip 
such  Public  Lighting  Plant,  and  unless  the  ordinance  providing 
for  the  issue  of  said  stock  shall  be  approved  by  a  majority  of 
the  legal  voters  of  said  City,  cast  at  some  time  and  place  to  be 
fixed  by  said  ordinance  in  a  provision  for  submitting  the  same 
to  the  legal  voters  of  said  City,  as  required  by  Section  7  of 
Article  XI  of  the  Constitution  of  this  State. 

Section  2.  And  he  it  fnrtlier  enacted,  That   this   Act  shall 
take  effect  from  the  date  of  its  passage. 

ACT  OF  1900,  CHAPTER  263. 

An  Act  to  Provide  a  Special  Fund,  as  Authorized  b}^  Chapter 
123,  Section  2,  of  Acts  of  the  General  Assembly  of  Mary- 
land, Session  1898,  Title  "City  of  Baltimore,"  sub-Title 
"Charter,"  sub-Title  "General  Powers,"  sub-Title  "Police," 
and  to  care  for  and  Regulate  the   Distribution   of   said 
Fund. 
Section  1.  Be  it  enacted  hy  the  General  Asf^emhJij  of  Maryland, 
That  the  Mayor  and   City   Council   of  Baltimore   shall,  upon 
the  request  of  the  Board  of  Police  Commissioners  of  the  City 
of  Baltimore,  appropriate  annually   a  sum  of  money   for  the 
relief  of  disabled  and  superannuated  members  of  the  police 
force  of  Baltimore  City,  and  for  the  relief  of  widows  and  chil- 
dren of  policemen  who  may  be  killed  in  the  discharge  of  duty, 
whenever  the  special  fund  of  said  Board  of  Police  is  not  suffi- 
cient for  the  payment  authorized  by  and  under  the  Acts  of  the 
General  Assembly  heretofore  passed. 

Section  2.  And,  be  it  enacted,  That  this  Act  shall  take  effect 
from  the  date  of  its  passage. 

ACT  OF  1900,  CHAPTER  269. 

An  Act  to  Provide  Additional  Revenue  for  the  Special  Fund  of 
the  Board  of  Police  Commissioners  of  the  City  of  Balti- 
more, to  be  Derived  from  the  Granting  or  Issuing  Permits 
to  Give  Public  Dances,  Soirees,  Masked  Balls,  Boxing 
or  Athletic  Contests,  or  Either  of  Them,  in  the  City  of 
Baltimore. 
Section  1.  Be  it  enacted  by  the  General  Af^semlAy  of  Maryland, 

That  the  Board  of  Police  Commissioners  of  the  City  of  Balti- 


820 


more  are  hereby  authorized  to  issue  permits  for  the  giving  or 
holding  of  public  dances,  soirees,  masked  balls,  boxing  or 
athletic  contests,  or  either  of  them,  in  the  City  of  Baltimore. 

Section  2.  No  public  dance,  soiree,  masked  ball,  boxing  or 
athletic  contest,  or  other  public  entertainment  of  like  kind,  to 
or  for  which  an  admission  fee  shall  be  charged,  shall  be  held, 
given  or  permitted  in  the  City  of  Baltimore  except  upon  condi- 
tions that  a  license  or  permit  fee  of  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  shall  first  be  paid  to  the 
Secretary  of  the  Board  of  Police  Commissioners,  who  are 
authorized  to  demand  and  receive  the  same  for  the  benefit  of 
the  special  fund ;  jjrovided,  that  nothing  herein  contained  shall 
interfere  with  any  permits  authorized,  issued  or  collected  by 
the  authority  of  the  Mayor  and  City  Council  of  Baltimore  City. 

Section  3.  A))d  be  it  enacted  by  the  General  Assembly  of 
Maryland,  That  this  Act  shall  take  effect  from  the  date  of  its 
passage. 

ACT  OF  1900,  CHAPTER  274. 

An  Act  Directing  the  Appeal  Tax  Court  of  Baltimore  City  Not 
to  Issue  Any  Permit  for  the  Erection  of  New  Buildings 
in  said  City  Until  All  Taxes  Due  Are  Paid  on  the  Land 
Upon  Which  Said  Buildings  Are  to  be  Erected. 
Section  1.  Be  it  enacted  by  the  General  Assembly  of  3Iaryland, 
That  before  the  A]3peal  Tax  Court  of  Baltimore  City  grants 
any  permit  for  the  erection  of  new  buildings,  it  shall  be  shown 
to  the  said   Court  to   its    satisfaction  that  all   taxes   due  and 
unpaid  are  fully  paid  upon  the  land  on  which  said  new  build- 
ings are  proposed  to  be  erected,  and  no  permit  as  aforesaid 
shall  be  issued  until  the  Court  is  so  satisfied,  and  an  appeal  is 
allowed  from  this,  as  in  other  cases  before  said  Court,  as  is 
allowed  by  law. 

Section  2.  And  be  it  further  enacted,  That  this  act  shall  take 
effect  from  the  date  of  its  passage. 

ACT  OF  1900,  chatter  280. 
An  Act  to  Ratify  and  Confirm  the  Ordinance  of  the  Mayor  and 
City  Council  of  Baltimore,  Number  32,  Approved  February 
8,  1900,  Supplementary  to,  and  in  Amendment  of,  Ordi- 
nance Number  18,  Approved  March  9,  1898,  the  Subject- 
Matter  of  Both  of  Said  Ordinances  Being  the  Issuing  of 
the  Stock  of  the  Mayor  and  City  Council  of  Baltimore 


321 


for  the  Purpose  of  Paying  Certain  Mortgage  Bonds  of  the 
Western  Maryland  Raih'oad  Company,  Guaranteed  by  the 
Mayor  and  City  Council  of  Baltimore;  and  for  the 
Purpose  of  Paying  Certain  Stock  of  the  Mayor  and  City 
Council  of  Baltimore  Theretofore  Issued  by  it  on  Behalf 
of  the  Western  Maryland  Railroad  Company. 

Whereas,  by  the  Act  of  Assembly  of  Maryland  of  1898, 
Chapter  210,  approved  April  7,  1898,  the  ordinance  of  the 
Mayor  and  C-ity  Council  of  Baltimore,  No.  18,  approved  March 
9,  1898,  was  ratitied  and  confirmed,  and  full  power  and  authority 
was,  by  said  Act  of  Assembly,  conferred  upon  the  Mayor  and 
City  Council  of  Baltimore  to  issue  and  sell  the  stock  mentioned 
in  said  ordinance,  and  to  execute  the  mortgage  to  the  Mayor 
and  City  Council  of  Baltimore  therein  mentioned ;  and 

IVhereas,  said  ordinance  was  subsequently  submitted  to  the 
legal  voters  of  the  City  of  Baltimore,  and  by  a  majority  of 
them  duly  approved ;  and 

Whereas,  subsequently  thereto  the  Mayor  and  City  Council 
of  Baltimore  passed  an  ordinance  supplementary  to,  and  in 
amendment  of,  said  Ordinance  No.  18,  approved  March  9,  1898, 
whicli  supplementary  and  amending  ordinance  was  approved 
February  8,  1900,  being  Ordinance  No.  32,  the  title  whereof 
is  set  forth  in  the  first  Section  of  this  Act.     Now,  therefore : 

Section  1.  Be  if  enacted  by  the  General  Assembly  of  Maryland, 
That  the  ordinance  of  the  Mayor  and  City  Council  of  Baltimore, 
approved  February — ,  1900,  being  Ordinance  No. — ,  and 
entitled  "An  ordinance  supplementary  to,  and  in  amendment 
of  Ordinance  N(x  18,  approved  March  9,  1898,  entitled  'An 
ordinance  to  provide  for  issuing  the  stock  of  the  Mayor  and 
City  Council  of  Baltimore,  and  to  sell  the  same  for  the  pur- 
pose of  providing  means  to  enable  the  Western  Maryland 
Railroad  Company  to  pay  and  extinguish  all  of  its  third  mort- 
gage bonds  amounting  to  eight  hundred  and  seventy-five 
thousand  ($875,000)  dollars,  guaranteed  by  the  Mayor  and 
City  Council  of  Baltimore,  when  the  same  shall  mature  on  the 
first  day  of  January,  1900 ;  and  also  to  enable  the  Mayor  and 
City  Council  of  Baltimore  to  pay  and  extinguish  one  million 
($1,000,000)  dollars  of  the  stock  of  the  Mayor  and  City 
Council  of  Baltimore  loaned  to  the  Western  Maryland  Railroad 
Company,  and  falling  due  on  the  first  day  of  January,  1902, 
secured  by  a  covenant  of  the  Western  Marylaiid  Eailroad 
81 


322 


Company  with  the  Mayor  and  City  Council  of  Baltimore, 
bearing  date  the  third  day  of  April,  1872,  and  recorded  among 
the  Land  Records  of  Baltimore  City,  in  Liber  G.  Pi.  No.  561, 
folio  16,  etc.,  and  to  provide  a  sinking  fund  for  the  redemption 
of  the  stock  authorized  to  be  issued  by  this  ordinance,' "  be 
and  the  same  is  hereby  ratified  and  confirmed,  and  it  shall 
have  the  same  force,  effect  and  operation  in  all  respects  what- 
soever, as  if  before  its  passage,  the  Mayor  and  City  Council 
of  Baltimore  had  been,  by  an  Act  of  the  General  Assembly  of 
Maryland,  expressly  authorized  to  pass  the  said  ordinance. 

Section  2.  And  be  if,  farther  enacted,  That  this  Act  shall 
take  effect  from  the  date  of  its  passage. 

ACT    OF    1900,    CHAPTER    442. 

An    Act    to    Amend    Section    653  G    of    Article    IV,    entitled 

"License,"  sub-Title  " Liquor  and  Int<)xicating  Drinks," 

of  the  Code  of  Public  Local  Laws  of  Maryland. 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  Maryland, 

That   Section   653  g,    of  Article    IV,    of  the    Code    of  Public 

Local  Laws,  entitled  "Elections,"  sub-title  "Liquor  and  Iiitox- 

icating  Drinks,"  be  amended  and  re-enacted  so  as  to  read  as 

follows  : 

Section  653  g.  Every  person  applying  for  a  license  to 
sell  intoxicating  liquors  in   said  City  shall   file  with   the 
said  Board  his,  her  or  their  petition  for  such  license,  and 
the  B(jard  shall  cause  notification  of  said  petition  to  be 
.  published    three    times    in    three    newspapers  of  general 

circulation  in  said  City,  (one  of  Avliich  shall  be  printed 
in  the  German  language)  to  be  designated  by  said  Board, 
in  the  first  publication  to  be  not  less  than  fifteen  nor  more 
than  thirty  days  before  the  time  fixed  by  the  Board  for 
action  on  said  petitions. 

act  of  1900,  chapter  446. 
An  Act  to   Add  a  New   Section  to  Article  LVI,  of  the  Code  of 
Public  General  Laws,  Title  "Licenses,"  to  Follow  Secti(jn 
81  B,  and  to  Be  Designated  as  Section  81  c. 

Whereas,  as  the  money  derived  from  the  liquor  licenses  in 
the  City  of  Baltimore  is  divided  in  the  proportion  of  three- 
fourths  to  the  City  of  Baltimore,  and  one-fourth  to  the  State, 
and 


323 


Whereas,  Chapter  246,  of  the  Acts  of  1898,  required  the 
clubs,  societies  and  associations  in  the  City  of  Baltimore  selling 
intoxicating  liquor  to  take  out  licenses,  as  provided  in  said  Act, 
and  the  revenue  so  derived  should  be  divided  in  the  above 
proportions.     Therefore, 

Section  1.  Be  it  enacted  by  the  General  Assemhly  of  Maryland, 
That  one  new  Section  be  and  the  same  is  hereby  added  to 
Article  LVI,  of  the  Code  of  Public  General  Laws,  title 
"License,"  to  follow  Section  81  b,  the  said  Section  81  b  having 
been  added  to  Article  LVI,  of  the  Code,  by  Chapter  246,  of  the 
Laws  of  1898,  to  be  designated  as  Section  81  c,  and  to  read  as 
follows : 

Section  81  c.  The  whole  of  the  money  received  by 
the  Clerk  of  the  Court  of  Common  Pleas  in  the  City  of 
Baltimore  for  the  licenses  granted  shall  be  paid  over 
quarterly  by  the  said  Clerk  of  the  Court  of  Common 
Pleas  to  the  State,  as  now  provided  by  law,  and  when  so 
paid  over,  the  Comptroller  of  the  Treasury  shall  draw  his 
warrant  upon  the  Treasurer  of  the  State  of  Maryland  in 
favor  of  the  Mayor  and  City  Council  of  Baltimore  for 
three-quarters  thereof,  to  be  applied  to  the  general  use  of 
said  City. 
Section  2.  And  be  it  enacted,  That  this  Act  shall  take  eflect 
from  the  date  of  its  passage. 


iisriDE^^- 


References  are  to  sectious,  except  to  Section  6,  the  section  containing 
General  PoAvers,  where  both  page  and  section  are  given. 

A. 

Abatements,  Taxes,  Skctions 

Application  to  Appeal  Tax  Court 156-160 

On  manufacturing  plants (Page  23)  6 

Absence  op  Mayor, 

Who  Mayor  ex  officio , 19 

Advertisements, 

In  closing  and  opening  streets 177, 178, 183 

Of  sale  of  property  for  taxes 49-51 

Almshouse, 

Meetings  of  Supervisors  and  duties 111-114 

Animals, 

Cruelty  to 390-394 

In  parks 96 

Annex  Laws 3-6 

Annex, 

Taxation  in 4 

Annual  Appropriations, 

Estimates  for 36 

Annual  Levy, 

For  taxes 40, 57 

Anticipation  of  Receipts, 

From  taxes 36 

Appeal  Tax  Court, 

Abatements,  powers  over 156-157 

Appeal  to  City  Court  from 170 

Assessments  by 164  a 

Assessors    ; 148-150 

Duties  and  powers 146-172 

Duty  as  to  holders  of  City  loans 152 

Duties  as  to  taxable  basis 171 

Duties  of  assessors  of 164  b 

Neglect  of  duty  by  clerks,  employees  or  assessors  of 164  a 

Not  to  issue  permits  unless  taxes  paid (Page  320) 

Plant  exemption (Page  23)  "6 

Power  to  value  and  assess 164  a 

To  assess  property  returned  by  Register  of  Wills 168-169 


326 


INDEX. 


Appeal  Tax  CovRT—Co)iti7iued.  Sections 

To  charge  alienees  with  personal  property 166 

To  correct  and  alter  assessments 167 

"When  to  give  collector  and  Board  of  Estimates  taxable 

basis 171 

When  to  meet 147 

Appeals, 

From  Appeal  Tax  Court 170 

From  assessments  of  damages  and  benefits 179 

In  opening  street  cases,  time 179-181 

Appointments, 

By  Collector  of  Taxes 43 

By  Heads  of  Departments 28 

Of  Inspector  of  Buildings 82 

To  office  by  Mayor 25 

Appropktations, 

Annual,  estimates  for 36 

Appoval  of  Ordinances, 

By  Mayor 23 

Arbitration, 

Court  of.  Board  of  Trade 223-225 

Corn  and  Flour  Exchange 226-228 

Arrears, 

Taxes  in,  July  and  May 40 

Art  Commission 201-203 

Assault  and  Battery 229-331 

Assessments, 

Department  of  Review  and  Assessment 145-195 

Of  property 150 

Of  property  returned  by  Register  of  Wills 168-169 

By  Appeal  Tax  Court 164 

Opening  streets 174^179 

Assessors, 

Of  Appeal  Tax  Court ' 148-150 

Compensation  of 149 

Auctions, 

Regulation  of 332-277 

B. 

Bakeries 78 

Baltimore  Street, 

Tracks  prohibited  on ." 801 

Banks, 

Depository  for  City  funds 41 


impM. 


m 


Sarclat  Street,  Sections 

Tracks  prohibited  ou 801 

Barrels, 

Inspections 532-534 

Basis, 

Taxable,  when  final 171 

When  to  be  sent  to  Board  of  Estimates , 171 

Beggars, 

Regulation  of 856-880 

Benefits, 

Opening  streets 174-179 

Biddle  Street, 

Tracks  prohibited  on 801 

Bids, 

On  contracts 15 

Bills, 

Of  exchange  and  promissory  notes 279 

Board  of  Estimates, 

Duties 36-40 

Action  ou  francliise  in  highways 37 

Taxable  basis 39 

When  to  receive  basis 171 

Board, 

Harbor 480-485 

Of  Plumbing 509-515 

Of  Public  Improvements,  duties,  ordinances  referred  to..  84-89 

Of  Trade,  Court  of  Arbitration 223-225 

Water 87-88 

Boilers, 

Steam,  Inspectors'  duties 577-589 

Boys'  Home 885-887 

Bridges, 

And  highways 839-841 

Streets  and  highways • 827-837 

Broadway, 

Tracks  prohibited  on 801 

Brokers, 

Merchandise 694 

Real  estate 695-700 

Buildings, 

Authority  over,  of  Inspector 80-83 

Inspector  of 79-89 

Regulation  of (Page  3)  6 

Regulations,  ingress  and  egress 280 


328 


INDEX. 


c. 

Calvert  Street,  Sections 

Tracks  prohibited  on 801 

Caroline  Street, 

Tracks  prohibited  on 801 

Carriages, 

And  horses,  rates  of  fare 281-293 

Licenses (Page  4)  6 

Carts, 

Wood 590-599 

Casks, 

And  liquors,  gangers  of 544-551 

Cathedral  Street, 

Tracks  prohibited  on 801 

Cedar  Avenue, 

Tracks  prohibited  on 801 

Charities, 

And  Corrections,  Department  of 103-145 

City :...  103-145 

City,  appropriations 105, 106 

Chase  Street, 

Tracks  prohibited  on 347 

Chemical  Laboratories 493 

Children, 

Vagrant 881-884 

Children's  Aid  Society, 

Dolan's 888 

Chimneys (Page  5)  6 

Circuit  Court 323 

Circuit  Court  No.  2 325-327 

City  Collector, 

Appointment  of,  by  Mayor 52 

Of  taxes 42-58 

When  to  receive  basis  from  Appeal  Tax  Court 171 

City  Council, 

Elections,  meetings,  qualifications 210-222 

Ordinance  of  Estimates,  action  upon 36 

Procedure 217-221 

Qualifications,  of  members 209-222 

Report  of  Board  of  Estimates  on  taxable  basis  to 40 

Rules 217 

To    refer    to    certain   ordinances    to    Board    of    Public 

Improvements 85 

City  Court, 

Appeal  to,  from  Appeal  Tax  Court 170 


INDiRX. 


321) 


City  Engineer 

City  Librarian, 

Duties 

Contracts  for  supplies  to  departmeuts 

City  Register 

Duties  as  to  list  of  holders  of  city  loans 

To  pay  State  tax  on  City  loans 

To  send  list  of  holders  ot  City  loans  to  Appeal  Tax  Court. 
City  Solicitor, 

Appointment  of 

Duties 

Claims, 

Private,  City  Council 

Cleaning, 

Street,  Commissioner 

Clerks, 

Appeal  Tax  Court,  neglect  of  duties 

Appeal  Tax  Court,  report  to  State  Comptroller 

Assessors  and  employees  of  Appeal  Tax  Court 

Of  Court,  duty  as  to  licenses 

Of  Court,  to  report  transfers  of  property  to  Appeal  Tax 

Court 

Of  law  Courts,  duties,  bonds,  records 

Closing  Streets 

Coal  Inspections 

Collector,  Taxes, 

Of  State  taxes,  bond 

Of  State  taxes,  duties 

Of  taxes 

Of  water  rents 

To  report  sales  for  taxes  to  Circuit  Court,  when 

Commission, 

Art 

Commissioner, 

Of  Health 

Of  Street  Cleaning 

Commissioners, 

Fire 

For  Opening  Streets 

For  Opening  Streets,  records 

Of  Finance  

Of  Pharmacy 

Of  Police 

Commitments, 

By  Justice  of  the  Peace 


Sections 
83-86 

l'JG-200 
197-200 

35 

151-155 
153 
151 

62-65 
60-67 

39 

83 

163 

162 

164  a 

701-702 

165 
357-371 
172-195 
535-540 

53 

54 

42-58 

69 

48 

201-203 

71 

83 

69 

172 

173 

41 

494-504 

740-764 

141 


380  iNt)EX. 

Comptroller,  SEciTtojJS 

City,  appointments  by 34 

City,  duties  of 84 

City,  election  and  qualification  of 33 

State,  report  to,  by  clerk  of  Appeal  Tax  Court 162 

Condemnation, 

Of  property  for  city  purposes , (Page  5)  6 

Constables, 

And  Justices  of  the  Peace 206,  633-649 

Contingent  Fund, 

How  expended 38 

Contracts, 

Advertisements  of 14 

Bonds  for 15 

City 14 

Opening  bids 15 

Corn  and  Flour  Exchange, 

Arbitration  committee 226-228 

Coroners, 

Inquests,  dead  bodies 294-299 

Corporate  Name, 

Of  City 1 

Correction, 

House  of,  telegrapli  to 782 

Corrections, 

And  Charities,  Department  of 103-145 

Costs, 

Court 389 

Courts, 

Of  Baltimore  City 300-381 

Criers, 

Bailiffs,  watchmen,  in  courts 372-382 

Criminal  Court 328-351 

Criminals, 

Commitment  by  justices  of  the  peace 140-141 

Cruelty, 

To  animals 390-394 

D. 

Damages, 

Opening  streets. 174, 177, 179 

Deaf, 

Dumb  and  Blind 394-400 


i 


tNDEX.  ^^l 

Department,  Skctionr 

Fire  445-448 

Of  Charities  and  Corrections 103-145 

Of  Education 99-102 

Of  Finance 32 

Of  Law 60-67 

Of  Public  Improvements 84 

Of  Public  Parks  and  Squares 90 

Of  Public  Safety 68 

Of  Review  and  Assessment 145-195 

Departmental  Estimates 36 

Depository  Banks, 

For  City  funds 41 

Destroying  Property, 

Maliciously 401 

Disorderly  Persons 8G5-880 

Distraint, 

For  taxes 49-51 

Districts, 

Legislative 657-663 

Docket   Entries 387-389 

Docks, 

And  wharves 463-471 

Dolans'  Children  Aid  Society 888 

Drinks, 

Liquors  and  intoxicating 664-691 

Drunkenness, 

Commitment  for 143-144 

Duties, 

Of  sheriff  and  clerks  of  court 701-702 

E. 

Eager  Street, 

Tracks  prohibited  on 801 

Education, 

Department  of 99-102 

Election, 

Of  Mayor 16 

Election 212-214 

Primary 402-425 

Elm  Avenue, 

Tracks  prohibited  on 801 

Engineer, 

City 83-86 


3§^  mmt. 

Engineeks,  Sections 

Examining 426-430 

Escaped  or  Omitted  Property, 

Taxation  of • • 171 

Estates, 

Of  intestates  and  schools 808-813 

Estimates, 

Board  of,  duties 36,  40 

Board  of,  to  pass  on  private  claims 39 

Board  of,  when  to  receive  taxable  basis 171 

Departmental 36 

For  annual  appropriations 36 

For  new  improvements 36 

Examining  Engineers 426-430 

Executive  Department 31-208 

Exemption, 

Plant  of  manufacturers (Page  23)  6 

Exits, 

To  public  buildings,  duty  of  Building  Inspector 80-81 

F. 

Falls, 

Jones' 600-601 

Fares, 

Street  railways 769 

Fees, 

Sheriff 825 

Female  Employees, 

Seats  for 505-506 

Ferries 431-437 

Finance, 

Commissioners  of 41 

Loans  and  stocks  826 

Fines, 

And  forfeitures 438-445 

Fire, 

Commissioners 69 

Department 445-448 

Department,  regulations 445-448 

Regulations (Page  5)  6 

Firemen, 

Pensions 70 

Retirement 70 

First  Branch  City  Council 260 


INDEX.  333 

Fish,  Sections 

Regulation  of  sale (Page  6)  6,457 

Floor, 

In   First    Branch    City   Council,  heads  of    departments 

entitled  to 29 

Food  Inspectors 73 

Forfeitures, 

And  fines 438-445 

Franchises 7-8 

Control  over 12 

In  city 2 

In  highways 37 

In  highways,  requirements  to  obtain 37 

In  streets 8-13 

In  streets,  manner  of  obtaining  8-13 

Renewal  of 12 

Sale  of 37 

Sale  of,  property  of  City 13 

Friendless, 

Home  of 880-894 

Fruits, 

Meats,  etc.,  regulations (Page  6)  6 

Fund, 

Contingent 38 

Special,  in  hands  of  Police  Commissioners 776-780 

G. 

Gas, 

Companies 458-462 

Meters,  inspection  of 541-543 

Gates, 

S  af ety 791 ,  792 

Gaugers, 

Of  casks  and  Liquors 544-551 

General  Powers, 

Of  City 6 

GouGH  Street, 

Tracks  prohibited  on 801 

H. 

Hampden  Street, 

Tracks  prohibited  on 801 

Harbor, 

Board 88,  480-485 

Docks,  wharves (Pages  6-7)  6,  463-466 

ftW^lflf^Ff  .   I   •  I  f  T   I  »  T   I   •  t  I   •  •  •   •  •  •  •  •  •  •   •   •  f  •  •  •   1   t   1  T   '   '   '  '  • '  •   •  •  •  t  I  1  9° 


334  INDEX, 

Hay  and  Straw,  Sections 

Inspectors 552-570 

Heads  of  Departments, 

To  appoint  and  remove  subordinates 28 

To  be  summoned  by  Mayor 24 

To  have  privileges  of  floor  in  First  Branch  City  Council.  29 

To  hold  office  until  successors  qualify 27 

Health, 

Commissioner 71 

Regulations (Page  8)  6,  486-492 

Hebrew  Orphan   Asylum 889 

Highways, 

And  bridges 839-841 

Bridges  and  streets 827-837 

Home, 

For  boys 885-887 

Of  the  Friendless 880-894 

Hospitals (Page  8)  6 

Hours, 

Of  labor 516 

Of  labor  on  street  railways 793-795 

HoTTSE  OF  Correction, 

Telegraph  to 782 

Houses  of  Refuge  and  Reformation 517-518 

I. 

Illuminating  Oil 449-456 

Immigrants 519-531 

Improvements, 

New,  appropriations  for 36 

Public,  department  of 84 

Inspections (Page  8)  6 

Of  weights  and  measures 582-546 

Inspector, 

Of  Buildings 79-82,  89 

Inspectors, 

Hay  and  straw 552-570 

Of  food 73 

Of  shops 73 

Sanitary 73 

Steam  boilers 572-589 

Instruction, 

Public,  Superintendent  of 99-102 

Interrogatories, 

By  Appeal  Tax  Court  to  persons  applying  for  abatement.  156-157 


INDEX. 


335 


Intestate,  Sections 

Estates  and  schools 808-813 

Intoxicating, 

Drinks  and  liquors 664-691 

J- 

Jail (Page  9)  6 

Visitors  to 118-130 

Warden 126-134, 136 

Johns  Hopkins  Univeksity 814-815 

Jones'  Falls (Pages  9-11)  6,600-601 

Judgments, 

And  decrees,  report  of,  to  Appeal  Tax  Court 165 

July, 

Taxes  on  real  estate  in  arrears  in 40 

Jurors 602-620 

Pay 621 

Jury  Duty, 

Militia 622 

Jusi  ICES  of  the  Peace 623-649 

Commitments 141 

L. 

Labor, 

Hours  of 516 

Hours  of,  on  street  railways 793-795 

Laboratories 493 

Lake  Roland, 

Reservoirs 902-906 

Lamps  and  Lighting, 

Superintendent  of 204 

Landlord  and  Tenant 650-656 

Law, 

Department  of ^ 60-64 

Legislative, 

Department 209-222 

Districts 657-663 

Levy, 

Annual,  for  taxes 57 

Librarian, 

City,  duties 196-200 

City,  contracts  for  supplies  to  Departments 197-200 

Lighting  City, 

Act  to  be  submitted  to  voters 347-348 


336  INDEX. 

Sections 

Licenses (Page  12)  6 

Brokers 694-703 

Court  of  Common  Pleas 352 

Liquors, 

Act  1900 351 

And  casks,  gangers  of 544-551 

And  intoxicating  drinks , 664-691 

No  sale  of,  in  Jail 135-136 

List  of  Taxable  Property, 

Alphabetical 161 

Loans, 

City 151 

Stocks  and  finance 826 

Local  Laws, 

Miscellaneous 223-906 

Lodging  Houses, 

And  tenements 507-508 

Long  Bridge 781 

M. 

Maliciously  Destroying  Property 401 

Manure, 

Measure  of  load 571 

Mariners, 

Society  of 703 

Markets (Page  13)  6,  704-719 

Matrons  at  Police  Stations 765-768 

May, 

Taxes  on  personal  property  in  arrears  in 40 

Mayor, 

Absence  or  sickness,  who  to  act 19 

Approval  of  ordinances 23 

Conservator  of  the  peace 21 

Duties  and  powers 16-30 

Duties,  election,  qualification 16-30 

Election  of 16 

Power  to  veto '. 23 

Qualification  of 16 

Term  of 20 

To  appoint  City  Collector  of  State  taxes 52 

To  appoint  heads  of  Departments 25 

To  appoint  minority  representative  in  certain  cases 30 

To  examine  books  of  City 21 

To  execute  ordinance 21 

To  summon  heads  of  Departments 24 

Trials  before 25 

Vacancy  in  office 16 

WUeft  tQ  femoYe  Ugm  office  bis  appointees, , , . , 85 


INDEX. 


337 


Mayor's,  Sections 

Messenger 20 

Secretary 20 

McCuLLOH  Street, 

Tracks  prohibited  on 801 

McDoNOGH  Educational  Fund 816 

McDoNOGH   Institute 816 

Measures  and  Weights, 

Inspections 532-540 

Meetings, 

City  Council 216 

Merchandise  Brokers 694 

Merryman's  Lane, 

Tracks  prohibited  on 801 

Messenger, 

To  mayor 20 

Militia 769 

Exempt  from  jury  duty 622 

Milk, 

Inspectors 74 

Regulations  applicable  to 74 

Minority  Representation, 

On  Boards 30 

Mortgages 720-732 

Mt.  Royal  Avenue, 

Tracks  prohibited  on 801 

Municipal  Officers, 

To  be  registered  voters 26 

N.      .     ■ 

Name, 

Corporate,  of  City 1 

New, 

Buildings,  permits (Page  320) 

Improvements,  estimates 36 

Property,  taxation  of 157 

Station  houses 786-788 

North  Avenue, 

Public  street 838 

Notaries, 

Appointment  of (Page  318) 

Public 708-734 

Notice, 

Of  increase  of  assessments ,,,.,,,.,,,,,,  150 

33 


338  INDEX. 

November,  Sections 

Ordinance  making  annual  levy  to  be  passed  in 40 

Nuisances. 486-492 

o. 

Oak   Street, 

Tracks  prohibited  on 801 

October  Clause, 

Taxes 171 

Officials,  ' 

Municipal,  to  be  registered  voters 26 

Oils, 

Illuminating 449-456 

Omitted  or  Escaped  Property, 

Power  to  tax 171 

One  Office, 

Yielding  compensation,  to  be  held 26 

OpENiNCi  AND  Closing  Streets, 

Commissioners 172-:95. 827-837 

Ordinances, 

And  resolutions,  approval  of 23 

Appropriating  over  |2,000,  when  to  be  passed  on  by  Board 

of  Public  Improvements 85 

Passing  over  Mayor's  veto 23 

Organization  of  Police  Force 740-764 

Orphans'  Court 352-353 

Oysters ,  735 

P. 

Park, 

Commissioners 91-98 

Fund,  distribution 97 

Tax 797-800 

Parks (Pages  12-18)  6, 90-98 

And  Squares,  Department  of 90,  736-739 

Watchmen  for 98 

Passing  Ordinances, 

Over  Mayor's  veto 23 

Patrol  Wagons 770 

Paupers 805-^80 

Pawn  Brokers 692,  693 

Peabody  Institute 816 

Peace, 

Justices  of  the 623-649 

Security  to  keep 143 


LvdeS.  339 

Sections 

Peddlers (PageU)  6 

Pensions, 

Fire  departiiieut 70 

Police (Page  319) 

Permits  for  New  Buildings, 

Appeal  Tax  Court  not  to  issue,  unless  taxes 
paid (Page  320) 

Personal  Property, 

Abatements 156-157 

Assessments  of  Appeal  Tax  Court 164  a 

Personating  Policemen 785 

Persons, 

Removing  from  Baltimore,  taxation  of 158-160 

/  Such  as  beggars,  etc 865-880 

Pharmacy, 

Commissioners  of 494-504 

Physicians, 

To  police  force 771-773 

Vaccine 77-78 

Pickpockets  and  Thieves 788-784 

Plant  Exemption (Page  23)  6 

Plumbing, 

Board  of 509-515 

Police (Page  14)  6,  785 

Commissioners 740-764 

Commissioners,  police  in  pariis 95 

Force 740-764 

Force,  physicians 771-778 

In  parks   95 

Pensions (Page  319) 

Powers (Page  14)  6 

Special  fund (Page  320)  776-780 

Stations,  matrons  at 766-768 

Poor, 

Indigent 108-1 14 

Power, 

Police (Page  14)  6 

To  hold  property.  City 1 

Powers, 

General,  of  city 6 

Pratt  Free  Library 789-790 

Primary  Elections 402-425 

Printer, 

Public 208 


340 


I>rDEX. 


Prisoners,  SECTio>fg 

Commitment  by  justice 141 

Reduction  of  sentence  for  good  conduct 139 

Separation  of 140 

Visitors  to 137 

Private  Claims 39 

Procedure, 

City  Council 217-221 

Prohibiting  Tracks  on  Certain  Streets 801 

Promissory  Notes, 

Bills  of  exchange,  protest 279 

Property, 

Condemnation  of (Page  5)  6 

Destroying  maliciously 401 

Holder  to  have  right  to  examine  his  own  return  for  taxa- 
tion   161 

Real  and  personal,  assessment  and  valuation 164  a 

Redeeming,  sold  for  taxes 44-47 

Sale  for  taxes 43 

Taxable 157-161 

Protestant  Infant  Asylum 895 

Public, 

Buildings,  Superintendent  of 20r 

Improvements,  Department  of 84 

Printer 208 

Safety,  Department  of 68 

School,  teachers,  officers,  etc 99-102 

Pumps, 

Fountain,  springs (Page  14)  6 

Purchaser, 

At  sale  for  taxes,  not  found 45 

Of  property  sold  for  taxes 44 

Purveyor, 

City  charities 115-116 

Q. 

Qualification, 

Of  Mayor 16 

Of  members  of  City  Council 215 

Quarantine, 

Hospital  physician 75 

R. 

Races 774 

Railroads (Page  14)      6,  791-795 


INDEX. 


341 


Real  Estate, 

A  batements 

Brokers 

Real  Property, 

Assessment  and  valuation 

Re-assessment 

Records, 

Courts 

Redemption  of  Property, 

Sold  for  taxes 

Reduction  of  Appropriation 

Refuge  and  Reformation, 

Houses  of 

Register, 

City 

City,  duties  of 

City,  election  of 

City,  holders  of  City  stock  to  report  to  Appeal  Tax  Court. 

Register  of  Wills, 

Duties  of 

To  return  account  of  all  property  to  Appeal  Tax  Court. . 

Registration, 

Of  voters 

Of  voters,  police  at 

Removal  from  Office, 

By  Mayor , 

Removing  from  Baltimore, 

Taxation  of  persons 

Report, 

Of  Board  of  Estimates  to  City  Council 

Representation, 

Minority,  on  boards 

Requisition, 

For  books,  stationery,  etc.,  by  Departments 

Resolutions, 

Approval  by  Mayor 

Revaluation 

Review  and  Assessment, 

Department  of 

s. 

Sabbath 

Safety, 

Department  of  Public 

Gates 


Sections 
156-157 
695-700 

164  a 
150 

802-805 

45-47 
36 

517-518 

36 
36 
36 

151-155 

354-356 
168 

16 

775 

25 

158-160 

40 

30 

199 

23 
150 

145-195 

806-807 

68 
791-793 


342  INDEX, 

Sale,  Sections 

For  taxes  ou  personal  property 51 

Sales, 

For  taxes 43 

For  taxes,  report  to  Circuit  Court 48 

Sanitary  Inspection 73 

School, 

Board 99-102 

Commissioiicrs 99-103 

Visitors 100-103 

Schools (Page  15)  6 

Intestates'  estates 808 

Seats, 

For  female  employees 505-506 

Second  Branch, 

City  Council 211 

Secretary  to  Mayor 20 

Security  to  Keep  Peace 142 

Sentence, 

Reduction  for  good  behavior 139 

Separation  op  Prisoners 140 

September, 

Appeal  Tax  Court  to  act  on  list  of  holders  of  City  loans. . .  153 

Sewers {Vai^e  15)  6,  817-834 

Sheriff 383-386 

Duties  of,  licenses 701-703 

Fees  of 835 

Sinking  Fund (Page  17)  6 

Sinking  Funds, 

Commissioners  of  Finance 41 

Solicitor, 

City *61-67 

City,  appointment  of 63 

Special   Fund, 

Police 349 

Police  Commissioners 776-780 

Squares, 

Springs,  etc (Page  16)  6 

State, 

Comptroller,  report  to  by  clerk  of  Appeal  Tax  Court.  . . .  162 

Tax  on  City  loans 153 

Taxes,  collector  of 52-58 

Stationery, 

And  printed  matter 197 


INDEX. 


343 


Station  Houses,  Sections 

New 7S6-788 

Steam  Boilers, 

Inspections 512-5&9 

Stocks, 

Loans  and  finance (Page  17)  6,  826 

Straw  and  Hay, 

Inspectors 5.')2-570 

Street, 

Cleaning,  Commissioner  of 83 

Kail  way  fares 796 

Railway,  hours  of  labor  on 793-795 

Streets, 

Appeals,  in  street  opening  cases 179 

Bridges,  highways (Pages  18-22)  6,  827-837 

Opening,  advertisements 177 

Opening,  closing (Page  18)  6, 172-195 

827-837 

St.  Paul  Street, 

Tracks  prohibited  on 801 

St.  Vincent  Orphan  Asylum 896-897 

Subordinates, 

To  be  appointed  by  heads  of  Departments 28 

Superintendent, 

Of  Lamps  and  Lighting 204 

Of  Public  Buildings 207 

Of  Public  Instruction 99-102 

Supervisors, 

Of  City  Charities 103-116 

Supreme  Bench 321-322 

Surplus  from  Appropriations 36 

Surveyor (Page  22)  6,  205,  842 

T. 

Tax, 

Park 797-800 

State,  on  City  loans 153 

Taxable  Basis 171 

Taxable  Property, 

List  of "161 

Taxation, 

Of  persons  moving  from  City 158-160 

Powers (Pages  23, 24)  6 


344 


IKDEX. 


Taxes,  Sections 

Annual  levy 40,  57 

On  personal  property  when  in  arrears 40 

On  real  estate,  when  in  arrears 40 

Payable  on  January  1st 40 

Power  of (Pages  23,  24)  6 

Sale  for,  of  property 43 

State,  collection  of 52-56 

To  be  collected  within  four  years 843 

Teachers, 

Public  schools 99-102 

TELEGRArH, 

To  House  of  Correction 782 

Temporary  Loans, 

Forbidden 36 

Tenant  and  Landlord 650-656 

Tenants, 

At  will 844-864 

Eviction  of 844-864 

For  years 844-864 

Tenements, 

And  lodging  houses 507-508 

Term  of  Mayor 20 

Text-Books, 

For  schools 101 

Theatres (Page  24)  6 

Thieves  and  Pickpockets 783-784 

Tracks, 

Prohibited  on  certain  streets 801 

Trade, 

Board  of,  Court  of  Arbitration 223-225 

Trials, 

Before  Mayor 25 

Turnpikes, 

Not  affected  by  annexation 34 

V. 

Vacancy, 

In  office  of  Mayor 16 

Vaccine  Physicians 77 

Vagabonds 856-880 

Vagrant  Children 881-884 

Vagrants ,..,....,. : .  •  r ,  r  r ,.......,  856-880 


INDEX.  345 

Valuation,  Sections 

Of  property 148 

Of  property  for  taxation 150 

Valuations, 

Appeal  Tax  Court 164  a 

Veto  by  Mayor 23 

Visitors, 

To  Jail 118-130, 134 

To  schools 100-102 

Volunteer  Militia, 

Exempt  from  jury  duty 622 

Voters, 

Registration 16 

Registration,  police  at 775 

w. 

Wagons, 

Patrol 776 

Waitresses, 

In  places  of  public  amusement 900-901 

Walls, 

Authority  of  Inspector  of  Buildings  over 82 

Warden, 

Of  Jail 126-183 

Watchmen, 

In  parks 98 

Water (Pages  24-28)  6 

Board 87 

Condemnation,  proceedings  for (Page  25)  6 

In  annex (Page  28)  6 

Issue  bonds  (Page  28)  6 

Lake  Roland 902-906 

Purchase  companies  in  annex (Page  28)  6 

Rents  and  Licenses,  Collector  of 59 

Rates,  power  to  assess (Page  27)  6 

Watson's  Aid  Society 898-899 

Weights  AND  Measuris, 

Inspections 532-540 

Welfare, 

And  other  powers (Page  29)  6 

Western  Maryland  Railroad, 

Stock  loan 350-351 

Wharfinc+er  and  Wharves 472-479 

Wharves 463-466 


346  INDEX. 

^7-  Sections 

Witnesses, 

Courts 387-389 

Wood  Carts 590-599 

Y. 


Tracks  prohibited  oq  certain  portion 801 


York  Road, 

irohibited  on  certain  pc 

z. 

Zoological  Collection, 

In  parks ^^ 


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